RAMESH SINHA,J. - (1.) LEARNED counsel for the revisionist is permitted to amend the prayer made in the memo of revision.
(2.) HEARD Sri V.K. Agnihotri, learned counsel for the revisionist, learned AGA for the State and perused the record. This criminal revision has been preferred against the judgment and order dated 15.1.2010, passed by Additional Sessions Judge, Court No.2, Etawah, in Criminal Appeal No. 08 of 2008 (Arjun Singh Vs. State of U.P.), by which the conviction and sentence of the appellant under Section 324 I.P.C. for a period of two years R.I., as awarded by the A.C.J.M., Court No.2, Etawah vide order dated 24.1.2008 in Criminal Case No.919 of 2006 (State Vs. Ram Sanehi and another) has been confirmed. This Court on 29.1.2010 had admitted the present revision against the conviction on the question of sentence only. It has been argued by the learned counsel for the revisionist that the revisionist out of two years R.I. has undergone in jail for more than two months in all and the rest of the period of sentence be converted into fine as the incident has taken place more than 21 years before and to send him to jail after so many years when he has settled? with his? family and earning his livelihood by doing agricultural work, would be putting his entire family again to hardship of life. Having considered the submissions advanced by the learned counsel for the parties, I am of the view that no interference is called for in the judgement and orders passed by the Courts below convicting the revisionist under Section 324 I.P.C. and the same? is upheld. However, so far as the sentence of two years imprisonment is concerned, the ends of justice would be served by modifying the sentence and converting the same into fine. It is directed that the rest of sentence period of two years R.I. is converted into fine of Rs.15,000/-, which shall be deposited by the revisionist within a period of two months from today in the Court of C.J.M. Etawah. The fine so realized from the revisionist, out of Rs.15,000/- it is directed that Rs.12,000/- be paid to the injured Kitab Singh, S/o Goverdhan, R/o Village Kanjpura, Police Station-Vaidpura, District-Etawah by C.J.M., Etawah and Rs. 3,000/- shall go to the State. In default of payment of fine, the revisionist shall be taken into custody to serve out the sentence, as ordered by the trial Court vide order dated 24.1.2008.
(3.) IN view of the above, the revision is partly allowed.;