Court No. - 28
Case :- CRIMINAL REVISION No. - 2178 of 2001 Revisionist :- Daya Ram And Others Opposite Party :- State Of U.P. Counsel for Revisionist :- S.K. Mishra Counsel for Opposite Party :- Govt. Advocate
Hon'ble Umesh Chandra Tripathi,J.
Sri Anil Kumar Ojha, Advocate, has filed his vakalatnama on behalf of the revisionists in the Court today, the same is taken on record.
Heard Sri Anil Kumar Ojha, learned counsel for the revisionists and Smt. Madhu Rani Garg, learned A.G.A. for the State of U.P.
This revision has been preferred against the order dated 14.08.2001 passed by Sessions Judge, Ghaziabad in Criminal Appeal No. 1 of 2001 (Dayaram and others v. State), whereby the appeal was allowed in part and the accused-revisionists - Daya Ram, Smt. Vishno and Anodh were acquitted for the offence punishable under Sections 325/34 IPC. Conviction and sentence of the aforesaid revisionists under Section 323/34 IPC were affirmed by the appellate court.
Vide order dated 15.12.2000 passed by the trial court, the accused-revisionists were convicted and sentenced as follows :
(i) Simple imprisonment for one year and fine of Rs. 500/- under Section 323/34 IPC and in case of default in payment of fine, simple imprisonment for further three months has to be undergone.
(ii) Rigorous imprisonment for three years and fine of Rs. 5,000/- under Section 325/34 IPC and in case of default in payment of fine, simple imprisonment for further one year has to be undergone.
Both the sentences were directed to run concurrently.
As per prosecution version, on 10.07.1995 at about 09.00 P.M., informant Babu Ram and his son Sant Ram were sitting in their home. Accused-revisionists - Daya Ram, Smt. Vishno and Anoj armed with 'lathi danda' came there and started abusing and assaulting the informant and his son with their respective weapons, due to which they sustained injuries.
P.W.1 Babu Ram, P.W.2 Sant Ram and P.W.3 Munna Lal have proved the prosecution version. Their statement is corroborated by medical evidence.
In view of above, I find no illegality in the impugned order of conviction passed by Sessions Judge, Ghaziabad.
The occurrence had taken place about 23 years ago. Considering the peculiar facts and circumstances of the case, it would be appropriate to release the revisionists on probation instead of sentencing them to any punishment.
Accordingly, the instant revision is allowed. Conviction of the accused-revisionists under Section 323/34 IPC is hereby upheld, but their sentence is set aside. Instead of sentencing them at once to any punishment, they are released on probation of good conduct for a period of two years. The revisionists are directed to furnish a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court, before the trial court, within 30 days from the receipt of certified copy of this order by the trial court with the condition that they shall appear and receive sentence when called upon by this Court before such period and in the meantime, to keep peace and be of good behaviour.
Each of the revisionist is further directed to deposit compensation amount of Rs. 3,500/- in the trial court within 30 days from the receipt of certified copy of this order by the trial court. The aforesaid compensation amount shall be paid to injured - Babu Ram and Sant Ram equally and in their absence, to their legal heirs. If any of the revisionist is in custody, he shall be released forthwith.
Order Date :- 30.4.2018 I. Batabyal