KHUNNU Vs. STATE OF U P

JUDGEMENT

(1.) THIS criminal revision arises out of the judgment and order dated 23.8.1984 passed by Sri M. S. Nigam, Vlth Additional Sessions Judge, Jhansi in Criminal Appeal No. 88 of 1984 dismissing the appeal and confirming the conviction and sentence of the appellant under Section 325, I.P.C. and sentencing him to 6 months' R. I. and a fine of Rs. 500 and in default of payment of fine three months' additional R. I. passed by learned Sri U. S. Bansal, Judicial Magistrate-Ist, Jhansi on 14.2.1984 in Criminal Case No. 442 of 1982.

(2.) THE brief facts of the case are that on 5.4.1982, a quarrel took place between Ashok, brother of injured Bhagwan Das and Munna, son of the revisionist Khunnu. On this the revisionist went to the house of complainant Bhagwan Das with a lathi at 6.00 p.m. and caused him injuries. THE witnesses saw the occurrence. THE learned Magistrate after recording evidence convicted the revisionist and sentenced him to imprisonment as stated above. THE revisionist preferred the appeal which was dismissed by the appellate court.

(3.) I am in full agreement with the above argument of the learned counsel for the revisionist. The revisionist has already remained in custody for one month and 21 days and he has deposited the fine. In the circumstances, I direct him to be released on probation of good conduct.