- (1.) GIRIDHAR Malviya, J. Khem Singh alias Khema has preferred this revision against his conviction under Section 323/325 Indian Penal Code recorded by Addl. Chief Judicial Magistrate Bulandshahr in case No. 538 of 1990 which was confirmed in appeal by a judgment and order dated 9. 5. 91 passed by Its Addl. District and Sessions Judge, Bulandshahr. When this revision was filed in the High Court it was admitted on the question of sentence only.
(2.) I have heard Sri Amar Saran learned Counsel for the applicant and the learned Addl. Government Advocate. It appears that on 16. 8. 84 at about 7. 00 a. m. there was some altercation between the complainant and the accused persons because the children of the applicant Khem Singh and that of Ram Pal had eased in front of the house of the complainant. During that altercation the applicant gave a fist blow to Mohar Singh with the result that one of the teeth of Mohar Singh fell down. After getting himself medically examined Mohar Singh lodged a report at Police Station Khurja at 1. 00 p. m. whereafter the case was investigated. Finding a prima facie case against the accused the charge-sheet was submitted and the applicant along with Sohan Singh, Ram Pal and Nepal were tried. Before the trial commenced the complainant had died. During the trial the prosecution examined Mahendra Singh P. W. 1, Kaiendra Singh P. W. 2 as witnesses of fact. The other witnesses were of formal character. The Chief Judicial Magistrate found the case of the prosecution to hit the complainant established only against Khem Singh. He accordingly convicted him under Section 325 Indian Penal Code and sentenced him to one month's rigorous imprisonment and a fine of Rs. 1000/ -. In default of payment of fine the applicant was to undergo a month's simple imprisonment.
(3.) IN the appeal No. 47 of 1990 learned 1st Additional Sessions Judge, Bulandshahr found no good ground to interfere against the order of conviction. He also found the sentence to be adequate with the result that the appeal was dismissed. Sri Amar Saran has argued that the incident arose out of a trivial quarrel on the children committing nuisance in front of the door of the complainant, and thai, even it the applicant had in that back ground struck a blow by his fist on the complainant resulting in one tooth of the complainant falling down, it would not be a fit case where the com plainant should be sent to jail again more so as he has already been in jail for more than a week. After hearing the learned Addl. Govt. Advocate also I think that the contention of learned Counsel for the applicant for not sending back the applicant to jail again is well founded. However the offence being under Section 325 Indian Penal Code it would not be proper if the applicant is let off at this moment without being further penalised to some extent for causing such an injury to the complainant. I think a sum of Rs. 2000/- as fine in place of Rs. 1000/- coupled with the period of imprisonment already undergone would meet the ends of justice.;