N.M.KASLIWAL, J. - (1.)THIS revision petition by the accused petitioners is directed against the conviction of the petitioners under Section 120 of the Indian Railways Act and to a sentence of fine of Rs. 20/ - and under Section 323 and 323 read with Section 109 IPC to undergo three months rigorous imprisonment and a fine of Rs. 200/ - and in default of payment of fine to further undergo rigorous imprisonment for 14 days.
(2.)LEARNED Counsel for the petitioners did not challenge the conviction of the petitioners but his only submission is that the accused petitioners have already undergone a sentence for about 1 - months and looking to the facts and circumstances of this case they should be released for the period already undergone by them. According to the prosecution story the accused petitioners gave an abuse to Bhanwar Singh constable and asked him to give a cigarette. Shri Bhanwar Singh remonstrated the accused -petitioners for giving an abuse and on this the accused persons caught hold of Bhanwar Singh by collar of his neck and gave a beating Both the lower courts have believed the statements of Bhanwar Singh, Arjun Lal and Mayaram and I do not find any error of judgment of the courts below so far as the conviction of the petitioners under the above offences concerned. So far as the sentence is concerned, the incident relates to July 8, 1979. The accused -petitioners have faced the trial for about 5 years and they have already remained in jail for a period of 1 -1/2 months.
In view of these circumstances this revision petition is partly allowed. The conviction of the petitioner is maintained. The accused petitioners are given the sentence of imprisonment of the period already undergone by them. The sentence of fine imposed on the petitioners is maintained. The accused -petitioners shall be released if they are not required in any other case.