- (1.) KUNDAN Singh, J. This revision has been directed against the judgment and order dated 23-3-84 passed by the llth Ad ditional Sessions Judge, Agra dismissing the Criminal Appeal No. 249 of 1983, and af firming the conviction and sentence of 18 months R. I. under Section 325, I. P. C. and a fine of Rs. 2,000. In default of payment the applicant was directed to undergo further three months R. I. and conviction and sen tence of three months R. I. under Section 323, I. P. C. and three months R. I. under Sec tion 504, I. P. C. with a direction to run all the substantive sentences concurrently in Criminal Case No. 1929 of 1981.
(2.) HEARD Shri G. S. Hajela, Counsel for the applicant and learned A. G. A. According to the prosecution the bullock of the applicant damaged the crop of the complainant,the complainant brought the bullock from his field to the accused and repremended him for the same which resulted into exchange of hot words. The applicant twisted the hand of the com plainant. The other co- accused who were there, also abused and threatened the com plainant. The learned Magistrate after going through the evidence on record con victed and sentenced the applicant alone as stated above. Being aggrieved the applicant preferred the appeal against his conviction and sentence before the Sessions Judge. The 11th Additional Sessions Judge considering the whole evidence and the submission of learned Counsel for the applicant, did not find any merit in the appeal,accordingly,he dismissed the appeal and affirmed the con viction and sentence awarded by the learned Magistrate, the applicant has come up before this Court in this revision against his conviction and sentence. Shri G. S. Hajela,learned Counsel for the applicant submitted that it is not proved by the prosecution in this case that the X- ray plate filed by the prosecution was of the complainant.
(3.) I have perused the judgment and considered the submission of learned Coun sel for the applicant. This point has already been dealt with by the learned Magistrate as well as by the learned appellate court and the finding was recorded with the X-ray plate belonged to complainant himself. Learned Counsel for the applicant contended that the sentence is too severe. The little finger is said to have fractured. The applicant has remained in jail for about a week. The sentence may be reduced to already undergone.;