N.M. KASLIWAL, J—Out of four accused persons Mst. Aisha and Mst. Rashidan were acquitted by the trial Court by judgment dated January 28, 1982. Nawab accused had died during the pendency of the trial and the present petitioner Makbool was convicted under sections 332 and 353 IPC. Under Section 332 IPC he was sentenced to six months rigorous imprisonment and a fine of Rs. 100/- and in default of payment of fine to further undergo one months simple imprisonment and under section 353 IPC he was sentenced to 4 months simple imprisonment.

2. An appeal filed by the petitioners has also been dismissed. Hence this revision was filed by the petitioner.

3. The only contention raised by the learned counsel for the petitioner is that the incident is dated January 1, 1973 and the petitioner has faced the trial for 11 years. It is his first offence and he has also remained in jail for about 15 days. It is further submitted that according to the judgment of the learned appellate court it has been found that the petitioner had not given any beating by chain-belt so alleged by the prosecution. It is further submitted that the petitioner is the only earning member in his family and the wife of the pet

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