- (1.) PALOK Basu, J. Admit this revision on the question of sentence only. Issue notice. The learned Government Advocate has accepted notice and is prepared to assist the court because the lower court record is already there, This revision is therefore being finally decided on merits.
(2.) I have heard the learned counsel Sri M. L. Yadav, who attempted to take me to the merits of the case but I find that he could not persuade me finally. However, the incident appears to be a sudden nature which took place at 5. 30 p. m. on 21-5-1984. Two persons, namely, Ram Manorath P. W. 5 Pawan Kumar P. W. 3 received four injuries each. I have examined the injury reports and also seen the statement of the Doctor. They are simple in nature. The conviction was recorded by the trial court on 12-2-87, whereafter the appeal was filed by the applicant and interim bail was granted to them. The appeal has however, been finally dismissed on 30th January, 1988 and the accused had been taken into custody on the said date as is apparent from the judgment itself. In other words by the time the accused applicants came out in pursuance of the today's proposed order they will have undergone two months sentence. The learned counsel states that for the remaining period if some fine is imposed, he will not take it as enhancement of the sentence. On the facts and circumstances of the present case I am of the opinion that a total sum of Rs. 400 should be paid to Ram Manorath and another sum of Rs. 400 should be paid to Pawan Kumar by way of compensation for the injuries sustained by them and consequently the applicant Ram Sagar and Sadhu are sentenced to pay Rs. 400 each as fine under Section 324/34,i. P. C. by way of fine. The fine shall be deposited by or on their behalf within 3 days of the delivery of the certified copy of this order to the learned counsel for the applicant. When so deposited the amount of Rs. 800 shall be divided half and half between two injured Ram Manorath and Pawan Kumar by the Chief Judical Magistrate, Sultanpur. The revision consequently is allowed in part with the modification while the conviction of the applicant No. I Ram Sagar under Sections 324, 323/34 I. P. C. and that of applicants Sadhu under Section 324 read with Section 323/34 I. P. C. is maintained, their sentences are reduced, to the period already undergone provided the fine ordered to be. deposited above that is Rs. 400 each is paid within 3 days as per direction given.
(3.) IN the event of fine not being deposited the applicant will undergo the sentence awarded to them. Revision partly allowed. .;