- (1.) VINOD Prasad, J. The three revisionists Indrajeet Singh, Sarwan Kumar and Smt. Prema Devi were tried by CJM, Kanpur Dehat, in Case No. 854/2001, State v. Indrajeet Singh and Ors. under Section 323, 325 and 504 IPC, P. S. Chaube Pur, district Kanpur Dehat.
(2.) THE short allegations of the prosecution against the revisionists were that there was a dispute between the informant Ramesh Kumar and the, present revisionists applicants regarding a septic tank. Under the orders of SDM, Bilhaur, the Police had got the septic tank filled up. Ramesh Kumar informant was removing the extra soil collected besides the said pit' on which the three revisionists accused belaboured and abused him filthily. Informant Ramesh Kumar lodged a FIR under Sections 323 and 504 IPC, at P. S. Chaubepur, district Kanpur Dehat. THE medical examinations of the injured was got done by the police. According to the medical report the injured had received grievous injury and subsequently the FIR of cognizable offences as Crime No 122/92 under Section 323, 325 and 504 IPC (Ex. Ka 4) was registered against the accused revisionists by the police. Alter usual investigation the police submitted a charge-sheet accused persons who were summoned for offences under Sections 323, 325 and 504 IPC by the concerned Magistrate. In the trial the prosecution examined Ramesh Kumar (informant) as P. W. 1, Sundar Lal P. W 2, Pappu P. W. 3, Santosh Kumar PW 4, Constable Ram Shiromani Shukla P. W 5, Dr. K Swaroop P. W. 6 and Constable Jageshwar Dayal P. W. 7, In their statement under Section 313 Cr. P. C. the revisionists accused persons denied the prosecution allegations and the criminating circumstances appearing against them in prosecution evidences and took the defence of false implication. Chief Judicial Magistrate, Kanpur Dehat finding the case of the prosecution proved to the hilt against the revisionists accused, convicted them under Section 323, 325 and 504 IPC and sentenced each of them for six months imprisonment with a fine of Rs. 500/- on the first count, six months imprisonment with a fine of Rs. 500/- on the second count and six months simple imprisonment and fine of Rs. 500/- on the third count. He further ordered that in default of payment of fine imposed on the accused revisionists they will further under go one week simple imprisonment vide his judgment and order dated 2-12-2004. Aggrieved by the aforesaid convictions and sentences by the trial Court, the three revisionists preferred Criminal Appeal No. 62 of 2004, which was heard and decided by I Additional Sessions Judge, Court No. 1 Kanpur Dehat vide his judgment and order dated 26-7-2006. The lower appellate Court dismissed the appeal on merits and sentences in respect of revisionists Indrajeet Singh and Sarwan Kumar. However, the appellate Court while confirming the convictions of accused Smt. Prema Devi, set aside the sentence awarded to her and released her on probation of good conduct for a period of six months on her executing a personal bond of Rs. 20,000/-and two sureties each in the like amount. Since the revisionists were convicted and sentenced as mentioned above, hence they have filed the present revision in this Court challenging their convictions and sentences.
(3.) I have heard Sri R. D. Singh, learned Counsel for the revisionists in support of this revision and the learned AGA in opposition. Sri R. D. Singh failed to show any illegality on the merits of the matter and ultimately concceded that the findings of fact recorded by both the Courts below are fully justified and no illegality can be pointed out in them He further contended that the incident had taken place on 8-6-1992 at 9. 30 a. m. and 14 years have elapsed since then and therefore, to send the revisionists Indrajeet Singh and Sarwan to Jail at this belated stage will not meet the ends of justice. He further contended that the incident had taken place all of a sudden at the spur of the moment and the injured had received injuries on elbow and left hand However, a fracture was detected in the elbow of his left hand. He contended that it will be in the interest of justice the sentences of imprisonment awarded to the revisionists Indrajeet Singh and Sarwan, be commuted to one under fine.;