- (1.) KUNDAN Singh, J. This revision is directed against the judgment and order dated 3-7-1984 of IVth Additional Sessions Judge, Etah, dismissing Criminal Appeal No. 15 of 1984 and maintaining the conviction and sentence of the applicants under Section 325, I. P. C. which was awarded by the 1st Additional Munsif Magistrate, Kasganj, District Etah by his order dated 7-1-1984 in Criminal Case No. 165 of 1982.
(2.) ACCORDING to the prosecution Ram Swarup complainant was working at his field situated in village Nagla Sanvar within the police circle of police station Kasganj, District Etah. He found that the applicants were digging the earth from the field of complainant and throwing it in their field. When the complainant protested the act of the applicants, they started beating Ram Swarup. On the alarm raised by the complainant, his brother, Shiv Narain, and son Laturi attracted to the scene of occurrence and they rescued the complainant. The accused applicants also assaulted them. Both the courts below believed the evidence and found that the applicants had assaulted Ram Swarup and Shiv Narain. They have also sustained grievous injuries. The doctor has proved the grievous injuries on their bodies. However the lower appellate court had not find any injury on the body of Laturi hence the conviction and sentence of the applicant under Section 323 read with 34,1. P. C. awarded by the learned Magistrate was aside by the lower appellate court. The learned counsel for the applicants submitted that the incident took place at a very trifling matter wherein few injuries were sustained by Ram Swarup and Shiv Narain. Fracture of upper end of metacorpal bone of left little finger was found by Dr. R. C. Bajpai who also found the left thumb of Shiv Narain fractured at the upper end of proximal phalanges.
(3.) THE applicants have suffered lot of mental agony since June 1981 and already undergone about two weeks imprisonment. THE learned counsel requested on behalf of the applicants that the sentence of two months awarded under Section 325, I. P. C. be reduced to the period already undergone and the amount of fine may be enhanced which would not amount to enhancement of sentence. I have given my anxious thought to the submission made on behalf of the applicants. As the applicants have already suffered two weeks imprisonment and a lot of mental agony since June 1981, it would not be proper to relegate them behind the bars after a period of about 16 years. If the amount of fine is increased to Rs. 1,000 each, from Rs. 500 each, it would serve the ends of justice.;