- (1.) PALOK Basu, J. This revision was admitted on the question of sentence only on 26. 8. 90.
(2.) THE applicants Pooran, Khem Chand and Kamlesh stand convicted under Sections 324/34 and 323/34 I. P. C. as also under Section 504 I. P. C. With sentences of six months R. I. and a fine of Rs. 100/- one year R. I. , and a fine of Rs. 50/- and one year R. I. and a fine of Rs. 50/- on each count respectively. An incident had happened on 1. 9. 1988 at 10 a. m. when Rati Ram and his wife Smt. Daya Rani were beaten by the applicants. THE medical Examination was conducted between 12 and 12. 30 p. m. on the same day and a F. I. R. was lodged by Rati Ram at 10. 00 a. m. on 1. 9. 88. THE Magistrate relied upon the testimony of informant P. W. 1 Rati Ram, P. W. 2 his wife Smt. Daya Rani, P. W. 3 Lakhan Singh and P. W. 4 Lal Ji. P. W. 5 Dr. S. B. Lodhi who had medically examined proved the injuries sustained by two victims. P. W. 6 Sideshwar Dubey was the Investigating Officer. Both the Courts below have found the prosecution proved to the hilt. As regards the question of sentence Sri Pradeep Chandra, Learned Counsel for the petitioners argued that the matter has already become about four years old and no useful purpose would be served if the applicants are sent to jail all over again keeping in view as the fact that the applicants have been in jail nearly for 15 days by now. In addition he argued in lieu of the remaining sentence the applicants will pay the same without taking it as enhacement of sentence and if so desired the some amount may be paid to the victims as compensation. Sri Arvind Tripathi, learned A. G. A. states a sum of Rs. 1000/- each on three count cumulatively should be the adequate amount. Sri Pradeep Chandra disputes the same. After considering the matter and hearing learned Counsel it is thought desirable that cumulative fine of Rs. 800/- each on Pooran, Khem Chand and Kamlesh applicants on three count cumulatively be swarded part from the period already undergone by them. It also appears desirable to direct that a sum of Rs. 1,000/- each may be paid to P. W. 1 Rati and P. W. 2 his wife Smt. Daya Rani as compensation by the Magistrate concerned.
(3.) IN view of the aforesaid discussion this revision is dismissed with the direction that while the conviction of the applicants Pooran, Khem Chand and Kamlesh under Sections 323/34,324/34 and under Section 5041. P. C. are maintained, their sentences are reduced to the period already undergone and a fine of Rs. 500/- under Section 324/34, Rs. 200/- under Section 324/34 I. P. C. and Rs. 100/- under Section 504 I. P. C. is imposed in lieu of sentences inrposed by the Trial Judge which means that each one would deposit cumulative sum of Rs. 800/ -. Sri Pradeep Chandra prayed for some time on behalf of the applicants to deposit the amount. Three months from today is allowed to the applicant to deposit the sum of Rs. 800/- each and when the aforesaid sum is realised the Judicial Magistrate Orai at Jalaun is directed to pay Rs. 1000/- each to P. W 1 Rati Ram and P. W. 2. Smt. Daya Rani as compensation who will be summoned by him in Court for the said purpose and the payment shall be made under his own supervision. Compliance report of this part of the order shall be sent by the Magistrate within three weeks on having done so. IN case of default in payment of fine the sentence awarded to the applicants by the Trial Judge as up held in appeal shall stand restored. .;