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2011 DIGILAW 597 (MP)

Chote @ Omkar Tiwari v. State of M. P.

2011-05-12

M.A.SIDDIQUI

body2011
JUDGMENT : Learned counsel for appellant submits that matter may be heard finally today to which learned PL for State has no objection. Heard finally. This is an appeal preferred by the appellant feeling aggrieved by the judgment dated 12.02.07, delivered by the then Addl. Sessions Judge, Umaria in ST No.08/04 in which appellant has been convicted for alleged offence punishable under Section 323 IPC and sentenced to R.I. for six months and fine of Rs.500/-, in default of payment of fine appellant to further undergo S.I. for one month. 2. Learned counsel for the appellant has not challenged the finding of conviction of the appellant but confined his arguments only on the point of sentence. So there is no need to consider the facts of the case. 3. Learned counsel for the appellant submitted that the appellant is first offender and there is no criminal record against him. The incident is of the year 2002. Therefore, his case may be considered sympathetically. He submits that alleged offence under Section 323 IPC is punishable with fine alone also. 4. On the contrary, learned counsel for the State has supported the judgment delivered by the trial Court and contended that no interference is called for in this appeal. 5. Keeping in view the facts and circumstances of this case and submissions made by the parties, the interest of justice would be served if the amount of fine is enhanced in lieu of sentence. Consequently, the appeal is partly allowed. The conviction of the appellant by the trial Court is hereby maintained. However, instead of jail sentence, I impose extra fine amount of Rs.1,000/-(Rs. One Thousand Only) on appellant. The said amount be deposited in the trial Court within a period of three months from the date of receipt of certified copy of this 3 order, failing which the appellant shall undergo S.I. for one month. The appellant is on bail, in case the fine amount is deposited by him, his bail bonds shall stand discharged. _____________________________