JUDGMENT Palok Basu, J. - Rama Shanker Pandey has filed this revision against his conviction under Section 332 I.P.C. and sentence of six months' R. 1. and a fine of Rs. 200/- passed by the Munsif- Magistrate, L.C.C.. 11, Varanasi and up- held by III Addl. Sessions Judge, Varanasi in appeal on 23.6.1990. This revision was admitted on the question of sentence on 2.7.1990. 2. Sri A. P. Tewari, learned counsel for the applicant has vehemently argued that the prosecution case as relates to charge under Section 332 I.P.C. is not proved and at the most it will be a case under Section 323 I.P.C. and, therefore, the sentence awarded by the Courts below is too severe. In the alternative he has argued that the alleged incident had nothing to do with the act of the measurement by the Lekhpal as was the prosecution case and, therefore, the injuries caused to the victim Prabhakar Misra which were simple in nature entitle the applicant to argue on the question of sentence and a sympathetic attitude may be taken in that regard keeping in view the fact that the applicant is a teacher and has already been suffering agony of the trial since 1984. If more fine is imposed, the applicant will not take it as enhancement of sentence, states Mr. Tewari. 3. Sri Vidhu Bhushan Singh, learned A.G.A. has, however, argued that if more fine is imposed compensation should be asked to be paid to the victim. 4. It does appear from the injuries sustained that there were three abrasions, one swelling and scratch on the victim Prabhakar Misra which on the very face of it appeared simple. It further appears that the applicant has already been in jail for nearly a month and that should be a further mitigating circumstances of reducing the sentence of the applicant. The conviction under Section 332 I.P.C. is however, proper. 5. In view of the aforesaid discussions while the applicant's conviction under Section 332 I.P.C. is maintained, his sentence is reduced to the period already undergone and a fine of Rs. 500/- over and above the fine of Rs. 200/- as imposed by the courts below. The total amount of fine, i.e. Rs. 700/- may be deposited by the Applicant within a period of three months from today. Out of the fine so deposited or realised, a sum of Rs. 500/- over and above the fine of Rs. 200/- as imposed by the courts below. The total amount of fine, i.e. Rs. 700/- may be deposited by the Applicant within a period of three months from today. Out of the fine so deposited or realised, a sum of Rs. 500/- shall be paid to the victim Prabhakar Misra, P.W. 1, who will be summoned by the Munsif- Magistrate concerned to his court to receive the amount. The remaining sum of Rs. 200/- will stand forfeited to the State. Any amount already deposited shall be adjusted towards the said payment. 6. With the aforesaid modification in the sentence the revision is dismissed.