Kunwar and Others vs State of U.P.

B.K. Sharma, J.—List has been revised. None appears for the revisionists. Learned A.G.A. is present in person.

The record of the case was gone into with the help of learned A.G.A. who has submitted his arguments in the revision.

Learned Assistant Sessions Judge, Hamirpur in S.T. No. 193 of 1996, under Sections 308, 324, 323 and 504, I.P.C., P.S. Mahoba, District Hamirpur, convicted all the accused-revisionists of the offences under Sections 323/34, I.P.C. and 324/34, I.P.C. for having assaulted and inflicted injuries on the body of Shiv Pal and Vishambhar by sharp edged weapons bhala and pharsa and blunt weapon lathi. The trial Judge accepted the prosecution version and rejected the defence case and convicted the accused-revisionists as aforesaid sentencing all the accused-revisionists to suffer R.I. for a period of 6 months for the offence u/s 323/34, I.P.C. each and R.I. for a period of 2 years for the offence u/s 324/34, I.P.C. each. On appeal by the accused-revisionists (Criminal Appeal No. 14 of 1993), the Additional Sessions Judge/Special Judge, Hamirpur upheld the prosecution case but reduced the sentences of the accused-revisionists. He substituted a sentence of three months'' R.I. and a fine of Rs. 200 each and in default of payment of fine R.I. for one month more for the offence u/s 323/34, I.P.C. and a sentence of six months'' R.I. and a fine of Rs. 500 each and in default of payment of fine R.I. for 3 months more for the offence u/s 324/34, I.P.C. All these sentences were ordered to run concurrently.

Now the present revision has been preferred against the judgment and order dated 11.1.1996 passed by the Additional Sessions Judge aforesaid. This revision was admitted only on the question of sentence.

It will be seen that the sentences have already been reduced by the Additional Sessions Judge in Criminal Appeal No. 14 of 1993 and there appears no particular reason for reducing the sentences further.

Consequently, the revision is dismissed. The conviction and sentences of the accused-revisionists as altered by the lower appellate court in Kunwar and Ors. v. State of U.P. Criminal Appeal No. 14 of 1993, are upheld. The accused-revisionists were on bail from this High Court. Their bails are cancelled. The court below shall get all the accused-revisionists arrested and sent to the district jail concerned to serve out their sentences according to law.

Let copy of this judgment be sent to the learned Sessions Judge concerned for information and compliance at once. The compliance report shall be submitted by the learned Sessions Judge concerned to this Court within a month from today.