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Heard learned counsel for the revisionists and learned AGA for the State.

This criminal revision has been preferred by the revisionists against the judgement and order dated 4.5.2002 passed by the Additional Sessions Judge, Court No. 2, Etawah in Criminal Appeal No. 9 of 1999 (Shyam Singh & others vs. State of U.P.) by which he has modified/reduced the conviction/sentence passed by Judicial Magistrate-I in Criminal Case No. 561 of 1993 under Section 147, 353, 332 & 149 I.P.C. In place of one year imprisonment, the revisionists have been sentenced for 3 months imprisonment and imposed a fine of Rs.200/- each.

The trial court has sentenced the revisionist as under :

(i) under Section 147 I.P.C. - Fine of Rs.200/- each. In default of payment of fine, two months simple imprisonment;

(ii) under Section 332 I.P.C. - One year simple imprisonment each;

(iii) under Section 353 I.P.C. - Fine of Rs.200/- each. In default of payment of fine, two months simple imprisonment.

In appeal, the lower appellate court has confirmed the sentence of fine imposed under Section 147 and 353 I.P.C. read with Section 149 I.P.C. but modified the sentence imposed under Section 332 read with Section 149 I.P.C.

Section 332 I.P.C. read with Section 149 I.P.C. - Simple imprisonment for three months.

All the appellants were taken into custody by the appellate court on 4.5.2002 and bailed out by this Court on 9.5.2002.

Order has also been passed to deposit the entire amount of fine.

Facts of the case is that while the Collection Amin went for recovery, accused persons attacked him and the Home Guard and voluntarily caused injury.

It is submitted by learned counsel for the revisionists that the revisionist no. 1/Balbir Singh has died and the revision against him is abated and the rest of the revisionists namely, Sukhvir Singh, Satyavir Singh, Badan Singh, Udal and Munnu Pal are alive. Next submission made by learned counsel for the revisionists is that sentence for three months under Section 332 read with Section 149 be set aside and fine be imposed in place of sentence. It is next submitted that the investigating officer has not been examined, P.W. 1, who is complainant of the case, had become hostile and P.W. 2, who is the Collection Amin and injured person, had failed to identify the assailants. It is also submitted that most of revisionists are now senior citizens and the incident is about 29 years old.Prosecution of revisionists is really a persecution.

Considering the facts and circumstances of the present case, long period of incident, without altering the concurrent finding of the lower appellate court, it is a fit case to alter the nature of sentence from three months simple imprisonment to fine only and would suffice the end of justice.

So far as the sentence imposed by the lower appellate court under section 332 I.P.C. for a period of three months should be altered with fine and in its place, revisionists are sentenced with fine of Rs.1000/- each and in default of payment of fine, three months simple imprisonment in lieu of sentence.