- (1.) K. K. Misra, J. Heard learned counsel for the appellant Smt. Archana Misra and learned A. G. A.
(2.) THIS appeal has been preferred against the judgment and order dated 30-1-1989 passed by Sri Jitendra Singh, Additional Assistant Sessions Judge, Sitapur, in Sessions Trial No. 155 of 1988 convicting the appellant under Section 307 I. P. C. and sentencing him to undergo 8 years R. I. and a fine of Rs. 2,000/ -. Learned counsel for the appellant has submitted that two persons have been assigned the role of shooting in the F. I. R. , whereas in statement of P. W. 2 main role have been assigned to appellant Tripurari. The incident occurred on 14-6-1987 at 6. 30 p. m. I have perused the injury memo. The doctor has found that the injuries are on simple in nature and the injuries were on non- vital part. From the nature of injuries sustained by Smt. Savitri Devi, it is apparent that the case will not travel beyond Section 324 IPC. Enmity between the parties is also established.
(3.) LEARNED counsel for the appellant has also submitted that more than 16 years have elapsed and the appellant was a young lad at the time of the incident. By now the appellant must be in the middle age having responsibility of his family. No useful purpose will be served by sending the accused-appellant to jail after such a long gap. The appellant has served out the sentence of more than one year. No useful purpose will be served by sending the accused appellant to jail. In the result, the order dated 30-1-1989 passed by Sessions Judge, Sitapur is set aside. Instead, the appellant Tripurari is convicted under Section 324 IPC and sentenced to undergo three years' R. I. but instead of directing the appellant to undergo the sentence of imprisonment, the appellant is directed to deposit a sum of Rs. 10,000/- as compensation in lieu of sentence of imprisonment. The said amount shall be deposited in the trial Court within a period of six months. Half of the amount so deposited by the appellant shall be paid to the appellant and the remaining half of the amount shall be deposited in Government Treasury. In the event, the appellant deposits the said amount within the stipulated period, he will be set at liberty. If the said amount is not deposited within the aforesaid period, the appellant- accused shall be taken into custody to serve out the remaining period of sentence of 3 years R. I.;