RAMESHWAR Vs. STATE OF U P

JUDGEMENT

(1.) THIS revision has been directed against the judgment of the learned Sessions Judge, Gorakhpur, dated 29.6.84 in Criminal Appeal No. 74 of 1984 in which he convicted the appellant under Sections 323 and 324, I.P.C. and sentenced to suffer R.I. for 4 months and 6 months respectively. By that judgment he acquitted the two other accused-appellants facing the same charge.

(2.) THE prosecution case is that on 21.6.1977 while the complainant was returning after easing himself he saw that the appellants were digging his NAD with spade to which P.W. 2 son of the complainant protested. All the three accused persons caught hold of P.W. 2 and beat him with fists and kicks. THE complainant intervened. Rameshwar appellant hit the complainant with the spade causing injuries on the head. THE prosecution examined four witnesses to prove the occurrence and at the conclusion of the trial the learned Magistrate convicted all the appellants under Sections 323 and 324/34,I.P.C. During appeal the judgment was modified in the aforesaid manner.

(3.) THE learned counsel thereafter submits that the sentence is too severe. Considering the facts that the occurrence took place about 20 years ago and, therefore, the sentence of imprisonment be substituted to a fine.