Full Judgment
1 HIGH COURT OF MADHYA PRADESH, PRINCIPAL SEAT, JABALPUR SINGLE BENCH PRESENT: HON'BLE JUSTICE SHRI N. K. GUPTA CRIMINAL APPEAL NO.1634/2004 Narayan Vs. State of Madhya Pradesh ........................................................................................................... For the appellant : Shri Sandeep Koshta, Advocate. For the respondent: Shri Ajay Tamrakar, Panel Lawyer. ........................................................................................................... JUDGMENT
(Delivered on the 20th day of July, 2012) The appellant has preferred this appeal against the judgment dated 23.8.2004, passed by the Third Additional Sessions Judge, Sagar in ST. No.224/2003 whereby the appellant was convicted for offence punishable under Section 325 of I.P.C and sentenced for 2 years simple imprisonment with fine of Rs.500/- failing which two months simple imprisonment in addition.
2. The prosecution's story in short is that the complainant Dhoopchand (P.W.1) had lodged a Dehati Nalishi (FIR) on 15.3.2003 at about 3.30 p.m to the Police Station Gopalganj at Tili Hosptial, Sagar that on 15.3.2003 at about 2.30 p.m, he tried to stop the dispute between the appellant Narayan and Jarolia Munshi then Narayan assaulted him by a stone on his head thereafter, he kicked on his abdomen and also pelted stone on his 2 abdomen. Under such circumstances, he was admitted in the hospital. Police has registered a case against the appellant for the offence punishable under Sections 307 an 333 of I.P.C. Dr. Prabhat Bharadwaj (P.W.12) examined the victim and submitted a report Ex.P/17. He found four injuries to the victim which were situated on his head, near left ear, mid of the chest and right side of the chest. He was referred for X-Ray for all the injuries. After X-Ray examination, it was found that he sustained a fracture of ninth right rib. After due investigation a charge sheet was filed before JMFC, Sagar who committed the case to the Sessions Court, Sagar and consequently, it was transferred to the Third Additional Sessions Judge, Sagar.
3. The appellant abjured his guilt. He did not take any specific plea in the case but, he has stated that he was falsely implicated in the matter. No defence evidence was adduced by the appellant.
4. After considering the prosecution's evidence the learned Additional Sessions Judge acquitted the appellant from the charges of offence punishable under Sections 307 and 333 of I.P.C and convicted him for the offence punishable under Section 325 of I.P.C and sentenced as mentioned above.
5. Heard the learned counsel for the parties.
6. Learned counsel for the appellant submits that the appellant remained in the custody for more than four months. He is facing this trial and appeal since the year 2003. He did not have any weapon at that time, incident took place in a spur of 3 moment. There was no enmity of the appellant with the victim. Suddenly he pelted a stone on the chest of the victim and therefore ninth right rib of the victim was broken. Under such circumstances, appellant remained in the custody for five months. He faced this trial for at least nine years including the appeal and no criminal past has been shown against him therefore, it is a case in which sentence passed against the appellant may be reduced to the period which he has already undergone in the custody but, with enhancement of some fine.
7. After considering the submissions made by learned counsel for the parties and looking to the facts and circumstances of the case, it appears that the appellant does not want to challenge the conviction directed against him and therefore, no discussion is required on that point. Reasons mentioned by the learned counsel for the appellant appears to be acceptable and jail sentence of the appellant may be reduced to the period which he has already undergone in the custody but with enhancement of some fine.
8. On the basis of the aforesaid discussion the appeal filed by the appellant is hereby partly allowed. Conviction directed for offence punishable under Section 325 of I.P.C is hereby maintained but, sentence is reduced to the period for which he has remained in the custody. However, fine is enhanced from the sum of Rs.500/- to a sum of Rs.5000/-. The appellant is directed to deposit the remaining fine amount before the trial Court within two months from today failing which, he shall undergo rigorous 4 imprisonment of six months. If fine amount is deposited a sum of Rs.4000/- be given to the victim Dhoopchand by way of compensation.
9. The presence of the appellant is no more required in this case and therefore, it is directed that his bail bonds shall stand discharged.
10. Copy of the judgment be sent to the trial Court with its record for information and compliance. (N.K.GUPTA) JUDGE 20 7.2012 bina 4