HAMMIR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) O. P. Jain, J. Sri A. R. B. Kher is present for the revisionists and A. G. A. is present for the State.

(2.) THIS revision is directed against the appellate judgment of Special Judge (D. A. A.), Lalitpur by which the learned Sessions Judge while upholding the con viction of the appellants has set aside the sentence of imprisonment and has en hanced the fine.

(3.) BEFORE proceeding further it may be pointed out that the learned Special Judge (D. A. A.), Lalitpur has imposed a fine of Rs. 1000/- each on the revisionists under Section 325 read with Section 149, IPC and in default of payment of fine each of them has been ordered to undergo rigorous imprisonment for two years. This part of the order is clearly illegal. Under Section 65 of Indian Penal Code the term for which the Court directs the offender to be imprisoned in default of payment of fine snail not exceed one- fourth of the term of imprisonment which is the maxi mum fixed for the offence, if the offence be punishable with imprisonment as well as fine. Offence under Section 325, IPC car ries a maximum imprisonment of seven years R. I. with or without of fine. There fore, the sentence in default of payment of fine could not have been more than one-fourth of seven years. The sentence of two years R. I. in default of payment is, there fore, illegal.