RAM SAGAR Vs. STATE OF U P

JUDGEMENT

(1.) PALOK Basu, J. Admit this revision on the question of sentence only. Issue notice. The learned Government Advocate has accepted notice and is prepared to assist the court because the lower court record is already there, This revision is therefore being finally decided on merits.

(2.) I have heard the learned counsel Sri M. L. Yadav, who attempted to take me to the merits of the case but I find that he could not persuade me finally. However, the incident appears to be a sudden nature which took place at 5. 30 p. m. on 21-5-1984. Two persons, namely, Ram Manorath P. W. 5 Pawan Kumar P. W. 3 received four injuries each. I have examined the injury reports and also seen the statement of the Doctor. They are simple in nature. The conviction was recorded by the trial court on 12-2-87, whereafter the appeal was filed by the applicant and interim bail was granted to them. The appeal has however, been finally dismissed on 30th January, 1988 and the accused had been taken into custody on the said date as is apparent from the judgment itself. In other words by the time the accused applicants came out in pursuance of the today's proposed order they will have undergone two months sentence.

(3.) IN the event of fine not being deposited the applicant will undergo the sentence awarded to them. Revision partly allowed. .