RAJ KISHORE Vs. STATE OF U P

JUDGEMENT

(1.) P. Dayal, J. This revision arises out of order of conviction and sentence passed by the two low r Courts against the revisionists Raj Kishore, Saggan and Virendra. The trial court convicted and sentenced them under Section 325/34, I. P. C. to one year's R. I. and to pay a fine of Rs. 1000 each and under Section 323/34, I. P. C. to six months' R. I. It has also been provided that in toe event of realisation of amount of fine, a sum of Rs. 2000 shall be paid to injured Smt Dhanraji, and a sum of Rs. 500 to injured Smt. Dhanwalia, and the remaining amount of Rs. 500 shall go to State.

(2.) THE prosecution case, briefly stated, has been that the revisionists as saulted Smt. Dhanraji and Smt. Dhanwalia by means of lathies on 9-9-1981 at about 12 noon and on intervention of witnesses they left the injured there. Smt. Dhanraji suffered a fracture on her left arm Bhrigu Nath (P. W. 1 ). husband of. Smt. Dhanraji lodged the first information report, the case was registsred and investigation followed. THE prosecution examined Bhrigu Nath (P. W. 1) and the injured Smt. Dhanraji (P. W. 2), and Smt. Dhanwalia (P. W. 3 ). Dr. R. K. Gupta (P. W. 4) has been a Radiologist. Dr. R. C. Gupta (P. W. 5) examined the injuries. THE police witnesses were S. I. Arjun Singh (P. W. 6) and S. I. Suresh Chandra Misra (P. W. 7 ).

(3.) IT is established by the evidence on record that the revisionists com mitted the offences punishable under Scctions 325/34 and 323/34, I. P. C. Their learned counsel stated that they have been in jail for about one month and they were released on bail at the time of admission of this revision by means of an order dated 3-4-1986 and it would be too harsh for them now to remain in jail when they have to earn their livelihood as well as for maintenance of their dependants. IT has also been stated by him that they have been petty farmers and they have already suffered a lot on account of hail-storm which had recently taken place. He, however, conceded that in case they are sentenced to pay fine instead of undergoing imprisonment the same shall not be considered as an enhancement of sentence.