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1987 DIGILAW 90 (MP)

JIRAM v. STATE OF M. P.

1987-03-04

K.N.SHUKLA

body1987
K. N. SHUKLA, J. ( 1 ) APPELLANTS have been convicted under sections 147, 148 and 324 read with section 149 Indian Penal Code. They have been sentenced to various terms of imprisonment, maximum being six months rigorous imprisonment under section 324 Indian Penal Code with a direction that sentences shall run concurrently. They have been fined Rs. 50/-each also. ( 2 ) ON 10. 3. 1982 at about 9 p. m. appellants and one Kallu (who has been given the-benefit of section 360 Criminal Procedure Code and released on probation) armed with various weapons attacked complainants Lalsingh and Ramkishao. Latsingh received two Injuries, one stab wound on the chest and another incised would on the palm.- Ramkishan also received two injuries one stab wound and another incised wound, both on his hands. Injury to Lalsingh was inflicted by accused Kallu (who has not appealed against his conviction) while injury on the person of Ramkishan was inflicted by appellant Jairam. ( 3 ) ACCORDING to Lalsingh appellants inflicted lathi blows also on him, but there was no injury on his person inflicted with lathi. However, there is material to show that all the appellants had come together and had committed the offence of robbing while they were armed with deadly weapons. Their conviction under sections 147 and 148 Indian Penal Code is confirmed. Their conviction under section 324/149 is not justified and be same is set aside. ( 4 ) AS regards Jairam, who gave a Ballam blow to Ramkishan, his conviction under sections 147, 148 and 324 Indian Penal Code confirmed as it is established by the evidence on record that he was a member of the unlawful assembly and had inflicted incised wound on Ramkishan. ( 5 ) AS regards sentence, learned counsel for the appellants submits that the incident took place five years ago and the appellants had already suffered detention for three weeks each. He, therefore, prayed that looking to the nature of the offence and the time which has elapsed, since the incident sentence of imprisonment has now be waived. ( 6 ) WHILE maintaining appellants conviction as noted above, the sentence is modified. It is reduced to the period of sentence already undergone and instead of fine of Rs. 50/-, they are sentenced to pay a fine of Rs. 200/- each. In default they shall undergo three months rigorous imprisonment. ( 6 ) WHILE maintaining appellants conviction as noted above, the sentence is modified. It is reduced to the period of sentence already undergone and instead of fine of Rs. 50/-, they are sentenced to pay a fine of Rs. 200/- each. In default they shall undergo three months rigorous imprisonment. Out of the amount received as fine, Rs. 300/- each to Lalsingh and Ramkishan will be paid as compensation. Fine be deposited within a month from today and in default the trial Court shall take steps for sending the appellants to jail. The trial court is directed to send notices to the complainants for receiving the compensation after it is deposited by the appellants. Order accordingly. .