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1992 Supreme(All) 389

S.N.SAXENA
OM PRAKASH – Appellant
Versus
STATE OF U P – Respondent


S. N. SAXENA, J.

Admit.

2. Notice has been taken by the learned A. G. A, for the State.

3. I am of the opinion that this revision application can be disposed of finally.

4. Learned Counsel for the revisionists has stated that he did not press their convic tion under Section 324 read with Section 34 I. P. C. Revisionists Nos. 2 and 3, namely, Shanker and Vishwanath Prasad were released on probation of good conduct by the appellate Court but the benefit was denied to revisionist No. 1 Om Prakash mainly on the ground that the injury upon the person of complainant Barmeshwar was inflicted by him. The three revisionists are real brothers. The incident which gave raise to these proceedings had taken place on 4. 4. 82, i. e. more than ten years ago. Since then all there revisionists have been facing the ordeal of trial, appeal and ultimately revision.

5. The trial Court had awarded the sentence of six months R. I. and fine of Rs. 500/- to revisionist Om Prakash under Section 324 I. P. C. The appellate Court, however, had reduced the sentence of imprisonment to three months only.

6. In my opinion, no useful purpose will be served now after more than ten years by keeping the revisionist Om P






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