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1978 DIGILAW 280 (MP)

Kammoda v. State of M. P.

1978-03-30

A.R.NAVKAR

body1978
Short Note : 1. This is a revision petition under Section 401 of the Code of Criminal Procedure against an order of conviction, recorded by Shri R.C. Bansal, Magistrate First Class, Mungaoli in Criminal Case No. 542 of 1971, convicting the petitioner under section 424 of the Indian Penal Code and sentencing him to four months simple imprisonment through judgment dated 2.3.1974, confirmed in appeal by the Sessions Judge, Guna in Criminal Appeal No. 55 of 1974 through his judgment dated 14.5.1974. 2. I have seen the injury report and it only indicates scratches. From the evidence of Mansingh (PW-1), Rajua (PW-2), Jhabua (PW-3) and from the statement of Dr. Namdeo (PW-4), it is clear that the prosecution has brought the guilt home against the present petitioner. However, looking to the injury, I think the sentence imposed is harsh one. Therefore, I maintain the conviction, but I reduce the sentence from four months to the extent already undergone. The applicant is already on bail. His bail bonds shall stand discharged.