- (1.) U. S. Tripathi, J. This revision has been preferred against the judgment and order dated 31-8-2000 by IIIrd Additional Sessions Judge, Pilibhit in Criminal Ap peals No. 36 of 1999 and 38 of 1999 filed by applicants dismissing the appeals and con firming the conviction of applicants under Section 323 IPC and 325/34 IPC and sen tence of 4 months RI under Sections 323/34 and 6 months RI under Section 325/34 IPCand fine of Rs. 200 each.
(2.) THE applicants were tried for the offence punishable under Sections 323/325/34 and 504, 506 IPC. THE trial Court on considering the evidence of the prosecution acquitted the applicants under Sections 504 and 506, IPC but con victed them under Sections 323/34 and 325/34 IPC and sentenced them as men tioned above. In appeals the Appellate Court dismissed the appeal and confirmed the above conviction and sentence. The learned Counsel for the ap plicant has not pressed the revision on merit. He contended that the sentences are excessive and fine alone under Sections 323/34 and period undergone and fine under Section 325/34 IPC will be ap propriate sentence. Having considered the facts and circumstances of the case and the fact that occurrence took place on 23-3-1989 the trial ended on 18-9-1999 and appeal was decided on 31-8-1989 as well as the fact that occurrence took place on flimsy ground that the cattle of applicants were damaging the wheat crop of complainant and when he objected the applicant caused injuries on him, the ends of jus tice would meet if fine is imposed under Sections 323/34 IPC and sentence of 4 months RI is reduced to period under gone and fine of Rs. 200 each and that the period of 6 months RI under Section 325/34 is reduced to 2 months RI and fine of Rs. 300 each.
(3.) THE revision is accordingly, partly allowed. THE convictions of applicants under Section 323/34 and 325/34 IPC are confirmed and their sentence of 4 months RI under Section 323/34 IPC is reduced to the period undergone and fine of Rs. 200 each and that the period of 6 months RI under Section 325/34 IPC is reduced to 2 months RI and fine of Rs. 300 each. Revision partly allowed. .;