IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Revision No. 118 of 2002 Liyaqat S/o Shri Kallu R/o 34 Jawahar Colony Police Station Cantt. District Dehradun. ………. Revisionist Versus State of Uttaranchal …….Respondent Present : Sri Sandeep Tandon, Advocate present for the revisionist. Sri M.A.Khan, Brief holder present for the State/respondent. Hon’ble Servesh Kumar Gupta, J. Heard Sri Sandeep Tandon, learned counsel for the revisionist and Sri M.A. Khan, Brief holder for the State. Learned counsel for the revisionist without arguing the revision on merit, has prayed only for the reduction of quantum of the sentence which has been awarded as one year rigorous imprisonment for the offence under the section 323 IPC. The incident is of 25.06.1998. Three accused were tried for the offence punishable under sections 325/34, 504 IPC. All the three accused Kallu, Irshad and Liyaqat were acquitted. But the gravity of the offence under section 325 was found to be of the status of section 323 IPC against all three accused persons. Out of them accused Kallu and Irshad were given the benefit of section 4 of the Probation of Offender Act and they were released by asking 2 the bond for one year for maintaining the peace and good behaviour. While at the same time accused Liyaqat/ revisionist was sentenced to undergo one year of rigorous imprisonment. Learned counsel for the revisionist has only requested that taking the facts of oldness of the crime and at the same time also considering that this accused is suffered with the mental agony and financial burden to fight this case upto level of High Court and end of the justice will be met if sentence of one year rigorous imprisonment is converted in the sentence of fine. This court do agree and accept the submissions of learned counsel for the revisionist and while doing so, the sentence of one year rigorous imprisonment against Liyaqat/revisionist is modified to sentence of Rs.2000/- fine. The fine amount shall be deposited within a period of one month before the trial court. If the revisionist does not pay the fine of Rs.2000/-, he will undergo one month simple imprisonment in lieu thereof. Revision is partly allowed. Let the lower court record be remitted back to the trial court for compliance. (Servesh Kumar Gupta, J.) JKJ 19.07.2011