GAYA PRASAD Vs. STATE OF M.P.

JUDGEMENT

(1.) THE petitioners have preferred this revision against the order of second Additional Sessions Judge, Bhind, dated 9.11.90, whereby they have been sentenced to a fine of Rs. 500/ - each for each offence under sections 147 and 323, IPC, instead of sentence of imprisonment. The petitioners were convicted under sections 147 and 323 of I.P.C. by the Judicial Magistrate first class and were sentenced to two months' R.I. each with a fine of Rs. 200/ - for the above offences respectively.

(2.) AGAINST the petitioners a private complaint was lodged by non -petitioner No.2 for an incident of 4.8.81 under sections 147, 148, 149,336,324 and 506 (later part) of I.P.C. The complaint was lodged after a period of about 20 days of the incident.

(3.) AS against the petitioners, there is nothing on record that they were ever prosecuted earlier. They are the first offenders. The petitioner No.1 is stated to be of more than 85 years of age and petitioner No.2 of 60 years whereas, the other two petitioners are stated to be of 45 years and 25 years. They are agriculturists by profession. The alleged incident occurred on the dispute of the field boundary. The petitioners have no bad antecedents. Considering the nature of the incident and the offence in the above background of circumstances, there being no impediment, they can be allowed the benefit of the provisions of section 360 of Cr.P.C.