- (1.) Heard Sri K.K.Dubey, learned counsel for the revisionist and learned A.G.A. for the opposite party.
(2.) This criminal revision under Section 401 Cr.P.C. has arisen from judgment dated 3rd April, 1992 passed by Sri Tej Shanker, Sessions Judge, Jhansi maintaining conviction and sentence of revisionists under Section 323, 452, 506 IPC.
(3.) The revisionists were tried in Criminal Case No.454 of 1990 under Sections 452, 323, 504, 506 IPC and convicted by Sri Dilip Singh, IInd Additional Chief Judicial Magistrate, Jhansi vide judgment dated 08.5.1991. The Trial Court sentenced Parmeshwari, Ram Prasad and Datar Singh under Section 323 for rigorous imprisonment of six months, under Section 452 IPC for three months' rigorous imprisonment and fine of Rs.200/- each, under Section 504 IPC for rigorous imprisonment of one month and under Section 506 IPC for rigorous imprisonment of three months each. However, the fourth accused Smt. Sada Rani was separately punished under Section 452 IPC, till arising of the Court, and fine of Rs.200/- and under Sections 323, 504, 506 IPC, for fine of Rs.200/- under each section. In case of non payment of fine, further rigorous imprisonment was also provided in the aforesaid judgment. The Appellate Court, however, modified judgment of Trial Court and conviction and sentence of all the revisionists under Section 504 IPC has been set aside but has been maintained under Section 323, 452 and 506 IPC.;