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Madhya Pradesh High Court · body

2001 DIGILAW 816 (MP)

Vishna v. State of M. P.

2001-11-08

S.P.SRIVASTAVA

body2001
JUDGMENT Heard the learned counsel far the appellants as well as Government Advocate representing the respondent State. The appellants, who, stand convicted under section 323/34 of the Indian Penal Code and sentenced to 3 months rigorous imprisonment and to pay an amount of Rs. 500/- as fine, providing that in default thereof they will have to undergo one months simple imprisonment-have came up in appeal praying far reversal of the impugned are passed by the Additional Sessions Judge, Camp Pichhore, Distt. Shivpuri and far their acquittal. The learned counsel far the appellants has stated that the appear is being pressed only on the question relating to the quantum of punishment. The incident giving rise to this appeal had taken place at about 6 a.m. on 28.1.1995. Smt. Rukia, the mother of Nanglal, the injured who had been examined as prosecution witness No.3, had admitted that the accused were her relations. Smt. Suman, wife of injured Nandlal who had been examined as PW.7, had stated in paragraph 3 of her deposition that the parties have settled their dispute. What she had actually stated was that : It is not disputed that by now Vishna, the appellant No. 1 is about 71 years of age, Toran, the appellant No. 2, son of Vishna; is about 31 years of age and Ram Sewak, the appellant No.3, who is the other son of Vishna, is about 26 years of age. The learned counsel for the appellants has asserted that the complainant as well as the accused were close relatives. It has been urged that Yishna, the appellant No. I had already served out 2 months and 7 days sentence. The other two appellants have already undergone 2 months 4 days period serving out the sentence awarded to them. It has been further stated that all the three appellants have deposited the fine imposed on them The learned Government Advocate has not disputed the correctness of the facts referred to hereinabove. It has been strenuously urged by the learned counsel for the appellants that taking into consideration the facts and circumstances referred to hereinabove, the sentence awarded to the appellants may be reduced to the period already undergone by them and the impugned order be modified accordingly. It has been strenuously urged by the learned counsel for the appellants that taking into consideration the facts and circumstances referred to hereinabove, the sentence awarded to the appellants may be reduced to the period already undergone by them and the impugned order be modified accordingly. Taking in to consideration the facts and circumstances as brought on record, specially the fact that the complainant and the accused are the close relatives and further that the dispute had already been settled as stated by the mother of the injured and further the fact that the nature of the injuries were found to be simple and further that six years have' already gone by from the dare of the incident without giving any rise to any complaint whatsoever in regard to the mutual relations between the parties, I am of the view that the interest of justice would be met if the sentence awarded to the appellants is reduced to the period already undergone by them. In the result, this appeal succeeds in part providing that the sentence warded to the appellants shall stand reduced to the period already undergone by them. The impugned order shall stand modified accordingly. In other respects it shall remain undisturbed.