C.A.Rahim - (1.) THIS revision has been preferred against the judgment dated 22.6.1984 passed by learned Sessions Judge, Banda in Criminal Appeal No. 60 of 1984 dismissing the appeal filed by the appellant against the conviction and sentence passed by Sri Rajendra Kumar, Munsif Magistrate fVIIth Finance Commission), Banda in Criminal Case No. 203 of 1983. By this judgment, learned Munsif Magistrate convicted each of the appellants under Section 325, I.P.C. and sentenced them to suffer R.I. for six months.
(2.) SRI J. Ali holding the brief of SRI W. H. Khan appearing for the appellants applicants has challenged the sentence only. It has been submitted that all the injuries were caused by lathi. The appeal is pending for the last 12 years and there should be some leniency in imposition of fine in lieu of the sentence of imprisonment. Considering the circumstances, delay and the nature of the offence, find that Imposition of fine to the extent of Rs. 1,000 shall meet the ends of justice. The fine if paid 50% shall be paid to the injured. Since he has not been made party to this proceeding, learned Magistrate after realisation of fine shall issue notice to the injured Sudhan and shall pass order of payment of the aforesaid amount. The revision is, accordingly, dismissed. Conviction under Section 325, I.P.C. against the applicant is hereby affirmed. But the sentence is altered to fine of Rs. 1,000 each to be paid within two months from this date, in default to suffer R.I. for six months.
(3.) WITH the above observations/modifications the revision is disposed of.;