Judgment:
Criminal Appeal No.817/2010 05.07.2013 Shri Narendra Nikhare, learned counsel for the appellant.
Shri A.K.Singh, learned Panel Lawyer for the respondent/ State.
This appeal has been preferred under Section 374(2) of the Code of Criminal Procedure being aggrieved by the judgment dated 16.04.2010 passed by Third Additional Sessions Judge (Fast Track).Raisen in S.T.No.152/2008, whereby the appellant has been convicted under Section 324 of I.P.C.and sentenced to R.I.for 2 years with fine of Rs.2,000/-, in default of payment of fine further R.I.for three months.
Learned counsel for the appellant submits that he does not want to challenge the conviction recorded by the trial Court.
However, he prays for reduction of jail sentence to the period already undergone and enhancement of fine amount.
Learned counsel appearing for respondent/State has supported the conviction and sentence recorded by the trial Court.
I have heard the learned counsel for the parties at length and gone through the impugned judgment along with record.
Since the learned counsel for the appellant has not challenged the conviction recorded by the trial Court, same is liable to be affirmed.
The incident has taken place in the year 2008.
The appellant has suffered jail sentence of more than six months.
In my opinion, no useful purpose would be served by sending the appellamt again to the jail after a lapse of 5 yeaRs.In these circumstances, the ends of justice would be met, if the sentence is reduced to the period of 6 months already undergone and fine amount is enhanced.
Consequently, the appeal is partly allowed.
The conviction recorded under section 324 of IPC against the appellant is hereby affirmed.
However, the sentence recorded against the appellant is hereby reduced to the period of 6 months already undergone and fine is enhanced from Rs.2,000/- to Rs.5,000/-.
In default of payment of fine, appellant shall suffer SI for 1 month.
The remaining fine amount be deposited within one month from today before the concerned trial Court in connection with S.T.No.152/2008.
The appellant is on bail.
His bail bonds and surety bonds stand discharged.
Record of the trial Court be sent back along with a copy of this order for compliance and necessary action.
(G.S.Solanki) JUDGE gn