Ghani Haider and Others vs State of U.P.

B.K. Sharma, J.—Heard Sri Rakesh Kumar Tripathi holding the brief of Sri G.S. Hazel learned Counsel for the revisionists and learned Addl. Government Advocate appearing for the State.

Ghani Haider, Basic Haider, Razi Haider and Tandem Haider accused-revisionists were convicted by the trial court vide order dated 12.7.82 passed by the I the Addl. Munsif Magistrate. Bareilly in Criminal Case No. 11 of 1982 Rajia Khatoon v. Ghani Haider and Ors. of the offences Under Sections 504, I.P.C. and 506, I.P.C. and sentenced to undergo R.I. for three months each and six months each respectively. In Criminal Appeal No. 200 of 1982 Ghani and Ors. v. The State of Uttar Pradesh, the I hard Additional Sessions Judge Bareilly Sri R. N. Sharma upheld the convictions of all the accused persons but instead of sentencing them to undergo rigorous imprisonment a fine of Rs. 100 each was imposed on them u/s 504, I.P.C. and in default of payment of fine simple imprisonment for a month each was ordered. In regard to the offence u/s 506, I.P.C. instead of upholding the sentence of rigorous imprisonment a fine of Rs. 200 each was imposed on the accused persons and in default of payment of fine each of the accused was ordered to undergo simple imprisonment for a period of two months. Now the accused-revisionists have preferred the present revision before this Court.

After hearing learned Counsel for the parties. I find there is no illegality or infirmity shown in the judgment of the lower appellate court. It has been prayed by the learned Counsel appearing for the accused-revisionists that the sentence of fine Imposed for the offence u/s 506, I.P.C. may be reduced from Rs. 200 each to Rs. 100 each. Since the matter is pending since 14.12.1982 when the sentence of said fine was imposed up tail now consequently a reduction in the amount of fine may be properly made.

The revision is accordingly dismissed. The convictions of all the accused-revisionists for the offences Under Sections 504, I.P.C. and 506, I.P.C. passed by the court below are maintained and the sentence of fine in respect of the offence u/s 504, I.P.C. to each accused-revisionist is also maintained. In regard to the offence u/s 506, I.P.C. the sentence of fine to each of the accused-revisionists is reduced from Rs. 200 each to Rs. 100, each. In default of payment of fine each one of them will suffer simple imprisonment for a period of 7 days. The accused-revisionists are given three months time from today to deposit the fine in court.

Let a copy of this judgment be sent to the Sessions Judge Bareilly for information and compliance. The compliance report be submitted to this Court within four months from today.