R.K. Singh, J. - (1.) This revision petition is directed against the judgement and order dated 4th of August, 1982 passed by Sri S.S. Srivastava, II Additional Sessions Judge, Deoria in Criminal Appeal No. 362 of 1981 arising out of criminal case No. 1322 of 1980 convicting and sentencing the applicant for three months' rigorous imprisonment and fine of Rs. 500/- for the offence under Section 325 Indian Penal Code. In default of payment of fine the applicant was ordered to further undergo R.I. for three months.
(2.) The applicant is alleged to have caused grievous injury to Smt. Ramdai wife of Raja Ram. The trial court convicted the applicant under Section 325 Indian Penal Code and 323 Indian Penal Code and sentenced for two years' R.I. for the offence under Section 325 Indian Penal Code and six months R.I. for the offence under Section 323 Indian Penal Code and to pay a fine of Rs. 500/- for the offence under Section 325 Indian Penal Code. The lower appellate court allowed the appeal in part and reversed the order of conviction and sentence passed under Section 323 Indian Penal Code and reduced the sentence awarded to the applicant under Section 325 Indian Penal Code from two years to only 3 months but maintained the order of fine imposed upon the petitioner. The conviction is not challenged by the learned counsel for the applicant but he is aggrieved by the order of sentence of three months rigorous imprisonment. He has submitted that if this three months' R.I. is substituted by a suitable amount of fine, the3 applicant will be ready to pay the same and the interest of justice will be satisfied because the applicant has faced the rigours of long pending criminal proceedings of about 14 years.
(3.) Heard the learned A.G.A. who has supported the judgement of the lower court and the lower appellate court.;