(1.) The present revision petition has been filed against the judgment and order dated 05.09.2016 passed by the Additional Sessions Judge/Court No.1, Barabanki in Criminal Appeal No.12 of 2013 whereby the appeal against the order of conviction and sentence dated 04.02.2013 has been rejected but sentence under Section 326 IPC has been reduced to three years rigorous imprisonment with fine of Rs.5,000/-. Learned trial Court had convicted the accused-respondent under Section 326 IPC for six years rigorous imprisonment with fine of Rs.25,000/-.
(2.) Learned counsel for the accused-revisionist submits that accused-revisionist has not been convicted previously for any offence and he is the first time offender. The learned counsel at the outset submits that he is not challenging the impugned judgment and order of conviction and he is confining his submission in the revision only with respect to the order of sentence.
(3.) In view of the aforesaid submission of learned counsel for the accused-revisionist, the revision is dismissed so far as it relates to the impugned judgment and order of conviction passed by the learned Trial Court. The impugned judgment and order of conviction passed by the learned Trial Court is hereby, upheld.