T.P.Garg - (1.) LIST has been revised. None is present for the petitioner. Learned A. G. A. for the State is present.
(2.) HEARD and perused the record. After going through the record of the case and the judgments of both the courts below, I find that the conviction of the petitioner is based upon a sound appreciation of the entire evidence on records and is fully justified. Both the courts below have scrutinised the entire prosecution evidence very minutely and have arrived at the right conclusion whereby the charges under Sections 323, 325 and 427, I.P.C. have been proved against the accused beyond reasonable doubt. They have rightly believed the prosecution version and disbelieved the defence version. The conviction of the petitioner is, thus maintained. As regards sentence, suffice will it be to say that the occurrence took place in November, 1982. It is already a period of 14 years that the petitioner has been undergoing the ordeal of a long trial during which he must have suffered acute mental agony and pain. He has remained in jail for a period of about a week or so. Under the circumstances, the ends of justice will be amply met if the period of substantive sentence is reduced to that already undergone and the sentence of fine and in default of payment of fine are both maintained. Order accordingly. The applicant is given three months' time to deposit the amount of fine imposed upon him by the trial court in the Court of C.J.M., Fatehpur, within a period of three months from today, failing which the C.J.M., Fatehpur, will issue arrest warrant and send him to jail to undergo the sentence awarded to him in default of payment of fine.
(3.) WITH the aforesaid modification/reduction in sentence, this revision fails and is dismissed.;