- (1.) J. C. Mishra, J. This appeal has been pressed regarding sentence only. The appellant was convicted under Section 323, I. P. C. and sentenced to 6 months R. I. and to fine of Rs. one thousand. He was further convicted under Section 148, I. P. C. and sentence to fine of Rs. 2,000/- and two years R. I.
(2.) THE incident had taken place in the year 1979. It would not be proper to send the accused to jail after such a long time, more so when the co-accused who were convicted under Sections 147 and 323/149 were released on probation. The case of the accused-appellant Ram Nath Singh stands on a different foot ing as he was a member of the unlawful assembly and had participated in the inci dent armed with a gun. He was therefore convicted under, Section 148, I. P. C. as well. Considering the nature of the accusation and also the fact that the incident had taken place about 20 years before the ends of justice would meet if the sentence of imprisonment is converted into sentence of fine only. The appeal is partly allowed. The conviction of the appellant is maintained. The sentence awarded is altered to the sentence of imprisonment already under gone and to a fine of Rs. two thousand under Section 323, I. P. C. and to a fine of Rs. two thousand under Section 148, I. P. C. The fine awarded shall be deposited within a period of three months from today alongwith a copy of the judgment. In default the appellant shall undergo im prisonment for three months under Sec tion 323 and also three months under Sec tion 148, I. P. C. Appeal parity allowed. .;