SURESH BABU MITTAL Vs. STATE OF U P

JUDGEMENT

(1.) THIS revision is directed against the judgment and order dated 30.4.2009 passed by the Additional Sessions Judge, Court No. 9, Budaun, in Criminal Appeal No. 59 of 2008, Suresh Babu Mittal Vs. State of U.P. and another, whereby the appellate court approved the order of conviction and sentence dated 8.7.2008 passed by the Judicial Magistrate, 1st, Budaun, in Complaint Case No. 55 of 2006, convicting the revisionist u/s 323 I.P.C. and sentencing him to three months S.I. and a fine of Rs. 500/- and in default of payment of fine further S.I. for one month. I have heard Mr. Ramesh Sinha, learned counsel for the revisionist, learned AGA for the State, Mr. Siddhartha Varma, learned counsel for O.P. No. 2 and perused the record. The revision is admitted on the point of sentence only. It has been argued by Mr. Sinha that no visible injury was found on the person of the injured, the revisionist is an old man of about 62 years of age and in such view of the matter if fine is awarded as sentence, that would also serve the ends of justice. I do feel that if the argument of Mr. Sinha is accepted, that will also serve the ends of justice. Accordingly, this revision is partly allowed. The conviction recorded by the trial court and approved by the appellate court is maintained. However, the sentence of imprisonment and fine as awarded by the trial court and approved by the appellate court is modified. Now, instead of the sentence of simple imprisonment of three months and the fine awarded by the trial court and confirmed by the appellate court, the revisionist is sentenced to a fine of Rs.5000/- for the offence punishable u/s 323 I.P.C. THIS fine should be deposited within a period of one month, failing which the revisionist shall be liable to the same sentence of imprisonment and fine as ordered by the trial court. During this period the sentence awarded shall not be executed.