Umar Hayat, petitioner, was tried under section 326, P.P.C. For causing the injuries including the grievous injury to Noor Muhammad P.W. On the conclusion of the trial, he was convicted under section 324, P.P.C. And sentenced to one year's R.I. And a fine of Rs.2,000 or in default thereof six months' R.I, He filed appeal against his conviction and sentence and the complainant filed revision for the enhancement of sentence. The learned Additional Sessions Judge, Bhakkar, vide his judgment, dated 8-2-1990 rejected the revision. He set aside the conviction of the petitioner under section 326, P.P.C. Instead convicted him under section 324, P.P.C. And sentenced him one year's R.I.
And a fine of Rs.2,000 hence this revision.
2. Admitting the criminal liability of the petitioner for the injuries found on the person of Noor Muhammad P.W. The learned counsel has requested for reduction in sentence. The learned counsel for the State has opposed him.
3. I have considered the request made by the learned counsel for the petitioner with care. The occurrence took place in-the year 1984. The petitioner was sent to jail thrice. He remained in jail as an undertrial prisoner and as convict for more than three months. In these circumstances, I feel that the agony of the trial coupled with the imprisonment suffered by him as an undertrial prisoner and as a convict would meet the case and it may not be proper to send him to jail after seven years of the occurrence in a case under section 324, P.P.C. Disposed of accordingly.