- (1.) GIRIDHAR Malavaya, J. This revision has been filed by Deo Nandan, Rajendra, Raj Kishore and Narbansh against their conviction and sentence for offences under Section 324, Indian Penal Code in Case No. 1080 of 1990 decided by Judicial Magistrate 1st. Gorakhpur by his judgment and order dated 29-7-1992 passed by 2nd Addl. Sessions Judge, Gorakhpur. The re vision had been admitted on the question of sentence only.
(2.) I have heard Sri G. D. Mookherjee learned counsel for the applicant and Sri M. C. Joshi learned counsel appearing for the State. As per prosecution allegation there was an altercation on the 8th August, 1982 at 6 p m. when Rajendra armed with a fersa and other accused armed with lathis caused injuries to Mitthu complainant as also his parents Sarju and Janakraji. The injuries of these victims were examined on 9-8-1992 between 1-30 a. m. and 12-10 p. m. by the doctor at Primary Health Centre Chughuli, Gorakhpur, Sarju had received 7 injuries out of which one was an incised wound. He also complained of pain. Mitthu had 10 injuries and Smt. Janakraji had 4 injuries. She also complained of pain. On the basis of the prosecution evidence the trial court the charge proved against the accused applicants with the result that they were convicted and awarded rigorous imprisonment under Sections 323/34, Indian Penal Code for one year. Rajendra applicant was awarded two years rigorous imprisonment under Section 324, Indian Penal Code. All the accused were acquitted under Sections 325/34, 326, 504 and 506, Indian Penal Code.
(3.) IN the appeal learned 2nd Addl. Sessions Judge examined all the aspects in appeal once again and finding no merit in the appeal the same was dismissed against which the present revision has been filed. All that has been argued by learned counsel for the applicants is that the incident in question had taken place about 10 years back and the appli cants have been in jail for about four months. Consequently he has prayed that apart from the sentence which they have already uadergone the applicants may be shown leniency and their imprisonment may now be converted to some sentence of fine.;