Kapil Dev And (3) Ors. vs State Of U.P.
2012 Latest Caselaw 1805 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 12
 

 
Case :- CRIMINAL REVISION No. - 541 of 2002
 

 
Petitioner :- Kapil Dev And (3) Ors.
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- G.S.Chauhan,Prashant Singh "Atal",R.B.S.Rathour
 
Respondent Counsel :- Govt.Advocate
 

 
Hon'ble Ravindra Singh,J.

Heard learned counsel for the revisionist, learned A.G.A. for the State of U.P.

It is contended by learned counsel for the revisionist that he does not want to press this revision on the merits of the case. He is pressing this revision only on the question of sentence.

This revision has been filed against the judgement and order dated 31.10.2002 passed by learned  Addl. Session Judge/ FTC-III, Gonda in criminal appeal No. 51 of 2001  whereby the appeal has been partly allowed by confirming the conviction  under section 323 IPC and sentencing the revisionist for six months RI with a fine of Rs. 500/- but the revisionists have been acquitted for the offence  punishable under section 504 IPC. The revisionists were convicted  by the learned C.J.M. Gonda  in Criminal Case No. 4024/2000/ 1993  under section 323 IPC and sentenced him for six months RI with a fine of Rs. 500/-, he was further convicted under section 504 IPC and sentenced three month RI with a fine of Rs. 500/- all the sentences shall run concurrently. In default of payment of the fine, it was directed that the revisionists shall undergo imprisonment of one month RI.

From the perusal of the record it appears that it is too old matter in which the marpeet  has been taken place on 28.1.1993. In the said incident four persons sustained injuries, the injuries were simple in nature. The revisionists have remained in jail for some period also. In such circumstances, if the remaining period of imprisonment is converted in to fine, the interest o justice may be served, therefore the remaining period of imprisonment is converted in to fine. The finding of the conviction is confirmed but the remaining period of sentence of six months RI is converted into fine of Rs. 2,000/- each in addition to fine already awarded by the trial court as well as appellate. The amount of fine shall be deposited by the revisionists within three months from today. In case the revisionist do not deposit the fine within three months from today, they shall be taken into custody to serve out the sentence as awarded by the trial court. From the amount of the fine deposited by the revisionist, half amount of  shall be equally paid to the injured persons as compensation.

Accordingly this revision is partly allowed.

Order Date :- 16.5.2012

RPD