- (1.) B. K. Rathi, J. Heard Sri P. K. Misra, learned counsel for the applicant and the A. G. A.
(2.) THIS revision under Section 397/401, Cr. P. C. has been filed against the order dated 15-5-99 passed by the Vth Addl. Sessions Judge, Rampur in Criminal Appeal No. 25 of 1997. The facts giving rise to this revision are that the applicant was convicted for the offence under Sections 323/34 and 325/34, I. P. C. and was sentenced in various terms by the IIIrd A. C. J. M. , Rampur on 2-6-97. ' Against that order, an appeal was preferred. In the appeal the applicant has been sentenced to undergo S. I. for three months and to pay a fine of Rs. 500/- for the offence under Sections 323/34, I. P. C. He has been further sentenced to six months S. I. and to pay a fine of Rs. 1,000/- for the offence under Section 325/34, I. P. C. Learned counsel for the applicant has requested for taking lenient view in awarding sentence and has also requested that the sentence be converted into sentence of fine. I find that there are two injured in this case. On the person of one injured one abrasion on the elbow was found. On the person of other injured three contusions and one abrasion were found. There was also fracture on one finger.
(3.) THE applicant is in jail since 15-5-99. Considering the circumstances, I accept the request and while maintaining the conviction of the appellant, I modify the sentence and sentence him to pay a fine of Rs. 1,000/- for the offence under Section 323/34, I. P. C. and Rs. 1,000/- for the offence under Section 325/34, I. P. C. and in default of fine to undergo S. I. for three months and imprisonment to which the applicant has been in jail in this case. The applicant shall be released, if he is not required in any other case, on deposit of fine. It may be clarify that the order of the Magistrate regarding payment of compen sation under Section 357, Cr. P. C. to the victims remain unaltered.;