- (1.) P. K. Jain, J. Heard Sri Apul Mishra, holding brief for Sri P. N. Misra, learned Counsel for the revisionist and the learned A G. A. for the State.
(2.) REVISIONIST, Rajendra Singh, was convicted and sentenced under Sections 279,337 and 338, I. P. C. with R. I. for 15 days, R. I. for one month and a fine of Rs. 250 and R. I. for four months and a fine of Rs. 500. The learned Magistrate has also directed that on fine being recovered. Rs. 500 shall be paid to the injured Ram Autar Yadav and Rs, 100 to injured Ram Niwas. Criminal Appeal No. 276 of 1983 preferred by the revisionist was dismissed by the appellate Court and the judgment and order of the trial court was confirmed. Present revision is pressed on the question of sentence only. It is contended that the appeal was dismissed on 27-1-84 and the revisionist was taken into custody by the appellate Court. The revisionist was directed to be released on bail by this Court vide order dated 15-2-84. Thus he was in jail for about 18-19 days. It is further contended that the incident occurred in the year 1981 and it is now almost 16years. The revisionist faced trial for about three years. His family life shall be disturbed in case he is sent to jail and no useful purpose shall be served by sending him to jail. Considering the sentence of im prisonment awarded by the courts below and the fact that the revisionist has already suffered imprisonment for about 18-19-days, in my view, after lapse of 16 years no useful purpose will be served by sending the revisionist to jail. Therefore, the sentence of imprisonment already undergone and fine of Rs. 250 under Section 279, Rs. 250 under Section 337 and Rs. 500 under Section 338, I. P. C. would meet the ends of justice.
(3.) CONSEQUENTLY the revision is partly allowed. Conviction of the revisionist under Sections 279, 337 and 338, I. P. C. is upheld. Sentence awarded by the courts below is modified to the period of imprisonment al ready undergone and fine of Rs. 250 under Section 279, I. P. C. , 250 under Section 337, I. P. C. and Rs. 500 under Section 338, I. P. C. In default of payment of fine the revisionist shall undergo rigorous imprisonment for one week under Section 279, I. P. C. , one week under Section 337, I. P. C. and two weeks under Section 338, I. P. C. The revisionist is allowed to pay the amount of fine within a period of six weeks from today. A certified copy of this order shall be made available to the Counsel for the revisionist within three days on payment of usual charges. Revision partly allowed. .;