RAJENDER Vs. STATE

JUDGEMENT

(1.) This Revision has been preferred against the judgment and order of the Sessions Judge, Meerut, dated 30. 1. 1984 in Criminal Appeal No. 166 of 1983, dismissing the appeal and confirming the conviction and sentence passed by Sri P. K. Agarwal, Munsif Magistrate 1st Class, Meerut, on 28. 7. 1983 in case No. 1750 of 1980. By that judgment the learned Magistrate convicted all the appellants under Sections 147, 323/149, 324/149, and 325/149i. P. C. and sentenced each of them to suffer R. I. for three months, two months and a fine of Rs. 200/- six months and fine of Rs. 300/- and one year's R. I. and a fine of Rs. 500 each respectively.

(2.) Sri Apul Mishra, holding the brief of SRI P. N. Mishra, has challenged the sentence only. It has been submitted that there is delay in disposing of this Appeal for about 12 years. The incident occurred in 1980. The incident has been admitted by both the par ties where both the parties received injuries. Since the complainant and two witnesses of this case received injuries, one of them was grievous it is submitted that the learned Magistrate without considering the case of the other side convicted the appellants. Since he has not challenged the conviction on merits, It is not necessary to go in details. The fact remains that according to the sub mission of the learned counsel there was mutual Marpit. In that context if it is con sidered that the offence of such a nature could not be disposed for long 16 years, the contention of the learned counsel stand that there should be some leniency in regard to imposition of sentence which may be sub stituted to fine. The sections provide alter native sentence of fine according to law. Having considered all these aspects I find that imposition of fine of Rs. 2000 each in lieu of me substantive sentence and the fine imposed by the lower court, will meet the ends of justice.

(3.) With the above observations and modifications, the Revision is disposed of. Revision disposed of. .