Court No. - 28
Case :- CRIMINAL REVISION No. - 1843 of 2002 Revisionist :- Iquabaluddin Opposite Party :- State Of U.P.
Counsel for Revisionist :- G.R.S. `Pal'
Counsel for Opposite Party :- Govt. Advocate
Hon'ble Umesh Chandra Tripathi,J.
1. Heard Sri R.K. Srivastava, learned counsel for the revisionist and Sri L.D. Rajbhar, learned A.G.A. for the State.
2. This criminal revision has been preferred against the judgment and order dated 1.11.2002 passed by learned Additional Sessions Judge, Court No. 10, Badaun in Criminal Appeal No. 23 of 2001 (Iquabaluddin Vs. State) dismissing the appeal against the order dated 24.5.2001 passed by the Judicial Magistrate-I, Badaun in Criminal Case No. 942 of 1995 (State Vs. Iquabaluddin). By the order dated 24.5.2001 revisionist (Iquabaluddin) was convicted under Sections 323 and 324 Indian Penal Code (hereinafter referred to as "IPC") and sentenced to:-
(i) rigorous imprisonment for a period three months and to pay fine of Rs. 500/- under Section 323 IPC and
(ii) rigorous imprisonment for a period of six months and to pay fine of Rs. 1000/- under Section 324 IPC and in case of default of payment of fine, simple imprisonment for further one month.
3. All these sentences were directed to run concurrently.
4. Brief facts of the prosecution case are that on 1.9.1989 at about 10:00 AM revisionist abused and assaulted Smt. Tarawi wife of his brother with kicks, fists and stick. Due to which, complainant sustained injuries and she was medically examined.
5. Learned counsel for the revisionist contended that age of the revisionist is above 70 years. The occurrence has taken place about 29 years ago. Revisionist and complainant/injured belongs are family members.
6. PW-1 Injured/complainant Tarawi and PW-2 Faimuddin has proved the prosecution version and their statement is supported by medical evidence. There is no any material contradiction in the statements, so that their testimony may be discarded.
7. In the peculiar facts and circumstances of the case, it is expedient to release the accused-revisionist on probation.
8. Accordingly, this criminal revision is allowed. Conviction of accused-revisionist (Iquabaluddin) under Section 323, 324 IPC is hereby upheld, but his sentence is set aside. Instead of sentencing him at once to any punishment, he is released on probation of good conduct for a period of two years. Revisionist is directed to furnish a personal bond and two reliable sureties each in the like amount, to the satisfaction of trial court, before the trial court within 30 days from receipt of certified copy of this order by the trial court with the condition that he shall appear and receive sentence when called by this Court before such period and in the meantime, to keep peace and be of good behaviour.
9. Revisionist is further directed to deposit compensation of Rs. 5,000/- in the trial court within 30 days from receipt of certified copy of this order by the trial court. That compensation amount shall be paid to the injured/complainant.
10. Office is directed to send a certified copy of this order to Sessions Judge, Badaun for its compliance. Let the lower court's record be remitted back to the court concerned without any delay.
Order Date :- 24.4.2018 Jaswant