R.K.Singh - (1.) HEARD Sri S. S. Chaturvedi, learned counsel for the revisionists and Sri D. K. Singh for the private complainant, besides learned A. G. A. for the State.
(2.) LEARNED counsel for the revisionists does not press the revision petition against the conviction of the revisionists under Sections 379, 324/34 and 326/34, I.P.C., under which hands the revisionists have been convicted by the trial Magistrate, i.e., the 1st Class Judicial Magistrate, Varanasi in Criminal Case No. 2189 of 1988 and confirmed by the appellate court, i.e., the Vlth Additional Sessions Judge in Criminal Appeal No. 72 of 1989. Accordingly, the revision petition against conviction of the revisionists is dismissed. Learned counsel for the revisionists presses the revision petition against the sentences awarded under the three heads of charges and points out that for only the two injuries out of which one was a lacerated wound, the revisionists have been convicted under Section 324/34, I.P.C. and for another injury which is said to be caused by sharp cutting weapon, the revisionist have been separately sentenced for two years' R.I. under Section 326/34, I.P.C. besides six months' R.I. under Section 379, I.P.C. The learned counsel for the revisionists has pointed out that the offence is said to have been committed on 10th of October, 1982, i.e., about 15 years ago, and he has further pointed out that it is a dispute regarding the possession over the land in which the parties had litigated upto the High Court. Learned counsel prays that the sentences awarded under these three heads may be converted into fine to compensate the sufferings of the complainant. Further, he has submitted that the revisionists have already undergone imprisonment of about 15 days during the pendency of the revision petition. The learned counsel for the opposite party does not object. There is much delay in the trial of this case and the revisionists have suffered mentally and financially for the last about 15 years. Taking all these submissions/factors in mind, the submission of the learned counsel for the revisionists appears convincing.
(3.) THE revision petition is accordingly disposed of on the following terms : THE sentences of six months, one year and two years' R.I. under Sections 379, 324/34 and 326/34, I.P.C. respectively of the revisionists are reduced to the period already undergone and they are sentenced to pay a fine of Rs. 10,000 (Ten thousand) each out of which Rs. 15,000 will be paid to the complainant as compensation for the injuries suffered by him. THE revisionist are directed to surrender in court of the 1st Class Judicial Magistrate, Varanasi within one month from the date of receipt of the record in the lower court. Office to return back the lower court's record through special messenger and the cost of special messenger will be deposited by the revisionists within a week positively.;