- (1.) B. K. Rathi, J. Heard Sri G. P. Dixit, learned counsel for the applicants and the learned A. G. A.
(2.) THIS revision has been filed under Sections 397/401, Cr. P. C. against the order dated 6-7-1995 passed by IInd Additional Sessions Judge, Aligarh, by which he main tained the conviction of the applicants for offence under Sections 323/34 and 324/34, I. P. C. and awarded them sentence of one month simple imprisonment and fine of Rs. 250/- each for offence under Section 323/34, I. P. C. and six months simple im prisonment and fine of Rs. 500/- each for offence under Section 324/34, I. P. C. Learned counsel for the applicants have not challenged the conviction of the applicants before me. It is contended that the incident took place long before on 16-11-1991. That the applicants are of the same family. It is, therefore, requested that the sentence of imprisonment may be con verted into sentence of fine. Considering the circumstances and the arguments, I accept the contention. Therefore, while maintaining the convic tion of the applicants for offence under Section 323/34 and 324/34, I. P. C. , I modify the sentence and award the applicants the sentence of payment of fine of Rs. 500/-each for offence under Section 323/34, I. P. C. and fine of Rs. 1,000/- each for of fence under Section 324/34, I. P. C. and to undergo imprisonment for the period for which they had been in jail after convic tion. The applicants shall be released im mediately on deposit of fine unless re quired in any other case. However, in default of payment of fine, they shall un dergo imprisonment as awarded by the learned Additional Sessions Judge.
(3.) THE revision is disposed of finally. Let a certified copy of the order be given to the learned counsel for the parties today on payment of the usual charges. Revision disposed of. .;