T.P.Garg - (1.) PRESENT Sri Santosh Tripathi, learned counsel for the revisionists, and the learned A. G. A. for the State.
(2.) THIS criminal revision is disposed of finally at the stage of admission itself. Heard the learned counsel for the parties. The learned counsel for the revisionists has not challenged the conviction of the revisionists on merits. He has only prayed for a reduction in sentence both substantive as well as of fine. On behalf of the State the said submission has not been seriously opposed.
(3.) IN view of the aforesaid submission, the conviction of the revisionists is maintained. Even otherwise, the conviction of the revisionists is based upon a sound appreciation of the entire evidence on record and is fully justified. Both the courts below have found the revisionists guilty and convicted them under Sections 323/34, 325/34 and 506, l.P.C. The conviction of the revisionists is accordingly maintained even on merits. As regards sentence, suffice will it be to say that the same is not only a bit on the higher side but also disproportionate, so far as the imposition of fine is concerned. Be that as it may, the occurrence pertains to 6.5.1990. It is already about 6-7 years that the petitioners have been undergoing the ordeal of a long trial and suffering mental agony and pain, besides financial hardship. They have already remained in jail for a period of about three months. The ends of justice will be amply met if the period of substantive sentences are reduced to that already undergone. Order accordingly. As regards fine, the sentence of fine of Rs. 500 on each count under Sections 323/34 and 325/34 is reduced to Rs. 100 only or in default of payment of fine to further undergo R.I. for 15 days. The sentence of fine of Rs. 2,000 imposed upon the petitioners (revisionists) is reduced to Rs. 500 or in default of payment of fine to undergo R.I. for one month. The petitioners are given one months' time to deposit the fine, if not already deposited.;