The court's evaluation of concurrent findings of lower courts upheld the conviction, stressing the necessity for fairness in sentencing based on offender circumstances.

ORDER

The revision petitioners were convicted by the courts below under Sections 427 , 324 and 451 IPC .

2. The prosecution allegation is that on 28-8-2008 at 2.30 p.m., the revision petitioners attacked PW1 with pans of weighing balance, causing injuries on PW1.

3. Before the trial Court, PW1 to PW7 were examined and Exts. P1 to P6 were marked for the prosecution. Exts. D1 to D3 were marked for the defence.

4. The courts below relied on the evidence of PW1 to PW3 and the medical evidence of PW4 coupled with Ext. P2 wound certificate to find the revision petitioners guilty under the above said offences.

5. Heard.

6. No material has been brought to the notice of this Court to indicate that the appreciation of evidence or concurrent finding of conviction by the courts below is perverse or incorrect. In the said circumstances, the concurrent finding by the courts below that the revision petitioner committed the offences under Sections 427 , 324 and 451 IPC does not warrant any interference by this Court.

6. As regards the sentence, the learned counsel for the petitioners pleaded for leniency. The first petitioner is presently aged 44 years and the second petitioner is aged 69 years. There is no previous conviction against the petitioners. PW1 did not sustain any serious injury in the incident. Considering the facts and circumstances of the case, including the nature of injuries sustained by PW1, I am of the view that the sentence awarded by the courts below can be modified and reduced to a fine of Rs. 5000/- (Rupees five thousand only) each, and in default to simple imprisonment for one month each under Section 324 IPC and imprisonment till the rising of the Court and a fine of Rs. 3000/- (Rupees three thousand only) each and in default to simple imprisonment for 15 days each under Section 451 ., to meet the ends of justice and accordingly, I order so. The sentence awarded by the courts below under Section 427 does not warrant any interference by this Court. If the fine is realised, the entire amount shall be given to PW1 as compensation under Section 357 (1)(b) Cr.P.C.

In the result, this Revision Petitions stands allowed in part as above.

The revisions petitioners shall surrender before the trial Court on 2-3-2017 to suffer the sentence.