Research › Search › Judgment

Madhya Pradesh High Court · body

2011 DIGILAW 23 (MP)

Sher Khan v. State of M. P.

2011-01-05

G.S.SOLANKI

body2011
JUDGMENT : G.S. Solanki, J. The Special Judge, Raisen, has passed the impugned judgment dated 30.05.96 in Special Case No. 164/96 by which the appellant/accused has been convicted under Section 325 of I.P.C. and sentenced to R.I. for 6 months and fine of Rs. 200/-, in default R.I. for 1 months. Being aggrieved the appellant/accused has preferred this appeal under Section 374 of Cr.P.C. 2. The prosecution case in short is that on 07.08.93 when complainant Bhairolal returning from market, appellant insulted and assaulted him by a lathi blow on his left hand. 3. He lodged the report in police Station, Raisen. The doctor examined him and found fracture on metacarpal bone. After usual investigation, the appellant was charge-sheeted before the Special Judge, Raisen who after conducting the trial convicted and sentenced the appellant as mentioned herein above. Therefore, this appeal. 4. Learned counsel for the appellant submitted that looking to the evidence on record, he is not challenging the conviction recorded by the trial Court. He further submitted that the complainant is a neighbour of appellant. The incident was not preplanned and has took place on the spur of the moment. Appellant also remained in custody for one week. In these circumstances, if the appellant be convicted for jail sentence of already undergone and fine be enhanced, then end of justice would be meet out and the relation between the complainant and appellant shall remain harmonious. 5. Considering the aforesaid contention of learned counsel for the appellant and the fact that fracture was caused on metacarpal bone of the hand and the incident was took place on the spur of the moment, the appellant already remained in custody for 7 days and the incident took place before 17 years, if the appellant be convicted for sentence already undergone and fine of Rs. 10,000/-, end of justice would be meet out. 6. In these circumstances, conviction under 325 of I.P.C. recorded by the trial Court is affirmed and the appellant is sentenced to the period of already undergone and fine of Rs. 10,000/-, in default he has to suffer Simple Imprisonment for 3 months. 7. If previous fine amount of Rs. 200/- already deposited, Set off will be given to appellant. 8. His bail bond and surety bond stands discharged. 9. Record of the trial Court be sent back along with the copy of judgment.