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KUNWAR PAL AND OTHERS versus STATE OF U.P.

High Court of Judicature at Allahabad

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Kunwar Pal And Others v. State Of U.P. - CRIMINAL REVISION No. 1569 of 1983 [2007] RD-AH 7380 (23 April 2007)

 

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Court No.11

Criminal Revision  No. 1569 of 1983

Kunwar Pal and others Vs. State of U.P.

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Hon'ble V.D.Chaturvedi, J.

This Criminal Revision  has been filed against the judgment and order dated 6.7.1983 passed in Criminal Appeal No. 258 of 1982 (Kunwar Pal and 2 others Vs. State of U.P.) passed by 10th Addl. Sessions Judge, Agra whereby he dismissed the appeal and upheld the judgment and order of conviction and sentence passed by Ist Judicial Magistrate in Criminal Case No. 293 of 1981 convicting the revisionist under section 323/34, 325 I.P.C. and sentencing them to undergo   6 months R.I. and one year R.I. respectively. They were also fined to Rs. 500/- each. One Smt. Ram Pyari was also convicted under the aforesaid sections  but she was given the benefit of Probation of First Offender Act.

I have heard Sri Raghubir Singh holding brief of Mr. A. Jain. It appears from the record that a quarrel took place between two groups. The members of each group have beaten the members of the other group.  Cross cases were registered for the incident. Convictions were passed in both cases.  The appeals  filed in these two  cases were  dismissed on merit. The accused of both the cases filed  the separate  revisions. The revision relating to cross case was admitted but later on it was dismissed.

The contention of the learned counsel for the petitioner is that the revisionist Kunwar Pal is now about 62 years whereas Tej Singh is about 82 years of age ; that Munna Lal was minor at the time of occurrence; that  the members of the revisionists  party also sustained injuries. Lastly he prayed that all the revisionists be given the benefit of Section 4 of Probation of First Offenders Act or the sentence of imprisonment be reduced to that of already undergone.

In the case in hand Shiv Charan and Latoori two persons sustained injury. Both of the injured persons in addition to  two other witnesses have supported the prosecution case. P.W. Shiv Charan sustained a fracture in his arm. The Doctor has proved the injuries. The evidence adduced in the trial court was reappreciated in criminal appeal. The conviction and sentence was affirmed in criminal appeal. The reasons given by the trial court as well as given  by the appellate court are sound. In Criminal Revision  the question of fact cannot be reagitated. The finding of fact cannot be interfered in this revision.

Having considered that the occurrence took place about 25 years back,  I deem it proper that the sentence of imprisonment awarded to the revisionists for offence under section 325 I.P.C.  be reduced to 6 months R.I. and  the sentence of imprisonment awarded to the revisionists  for offence under section 323/34 be reduced to 3 months R.I.

The revision is partly allowed. The sentence of imprisonment awarded to the revisionists  is  reduced to 6 months R.I. for offence under section 325 I.P.C.  and the sentence of imprisonment awarded  for the offence under section 323/34 I.P.C. is reduced to 3 months R.I. There is no reduction in sentence of fine. The revision is disposed of as above.

The C.J.M. concerned is directed to get the revisionists arrested and lodged in jail to serve out the sentences  awarded to them.

Dt. 23.4.2007

Sh  

 


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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