- (1.) SINCE both these revisions emanate from the common judgments of the Courts below, therefore, they have been heard together and are being disposed by this judgment.
(2.) CHALLENGE in these revisions is the judgment and order dated 3.12.2012 passed by the Additional Session Judge, Court No.4, Mirzapur in Criminal Appeal No.02 of 2009 against the order dated 28.2.2009 passed by the Additional Chief Judicial Magistrate -II, Mirzapur in Case No.1272 of 2005, whereby the revisionist No.1 and 3 in Criminal Revision no. 3965 of 2012 namely Sankatha Yadav and Ram Asare Yadav respectively have been convicted and sentenced under Section 147 I.P.C to undergo six months imprisonment each and a fine of Rs.500/ -each; under section 323 I.P.C to undergo four months' imprisonment each and a fine of Rs.300/ - each, and under Section 325 I.P.C. to undergo three years' simple imprisonment and a fine of Rs. 1,000/ - each and revisionist No.2 -Nachaku Yadav and Kailash Khatiq (Cr. Revision no. 3910 of 2012) had been convicted and sentenced under Section 147 I.P.C to undergo six months' imprisonment and a fine of Rs. 500/ - and to undergo four months' imprisonment and a fine of Rs. 300/ - under section 323 I.P.C with default stipulation. All sentences awarded to the revisionists were directed to run concurrently.
(3.) BOTH these revisions have been admitted by the Court on the point of sentence only vide orders dated 14.12.2012 and 11.12.2012 respectively. Learned counsel for the revisionists has vehemently argued that the incident in question had taken place about 28 -years ago; there was cross -version of the incident, from the side of the revisionists Nachkau Yadav, Sankatha Yadav, Ram Asrey and Dulari have also sustained injuries, but their injuries were not explained by the prosecution; that litigation in consolidation Courts between the parties was pending and there was no premeditation for the incident which had taken place all of a sudden; that revisionist Nachkau Yadav has completed the sentence awarded to him and Ram Asrey Yadav is in jail since 2.4.2013, revisionists Sankatha Yadav and Kailash Khatiq had been in jail for more two weeks and lastly it has been contended that the revisionists are not previous convicts, so lenient view in the matter of quantum of sentence would meet the ends of justice.;