SADDIQUE Vs. STATE

JUDGEMENT

(1.) HEARD Mr. P. N. Misra, learned counsel for the revisionist and the learned A. G. A.

(2.) MR. P. N. Misra, does not challenge the impugned judgment and order on the point of conviction of the revisionist out of whom one Lallu has died during the pen dency of the revision petition as per report Flag-A bearing letter No. 176/10-8-99 of R. R. Yadav, Chief Judicial Magistrate, Shahjahanpur addressed to Deputy Registrar of this Court. Accordingly, the revision petition abates against Lallu. The remaining three revisionists have been convicted for the offence punishable under Sections 324/34 and 325/34, I. P. C. and have been sentenced to terms of im prisonment and fine. However, MR. Misra challenges the quantum of sentence of R. I. awarded under each head which have been ordered to run concurrently. The submis sion of MR. Misra is that the incident is of 30-9-1980 which has taken 19 years up till now and in these circumstances the revisionists deserve mercy. Further his submission is that the revisionists have undergone one month and one week im prisonment after dismissal of appeal and before getting bail in this revision petition from this Court. Further his submission is that the sentence of imprisonment may be converted in a sentence of fine out of which a suitable sum may be awarded to the victim-complainant injured. The learned does not object to the prayer of MR. Misra.

(3.) OUT of the total amount of fine deposited by the revisionists Rs. 10. 000/-will be paid to the injured Rampal. Revision partly allowed. .