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2012 DIGILAW 1126 (MP)

Dhirendra v. State of M. P.

2012-11-06

N.K.GUPTA

body2012
Judgment N.K. Gupta, J.;- 1. The appellants have preferred this appeal against the judgment dated 16.7.2012 passed by the Additional Sessions Judge Nowgaon, District Chhatarpur in S.T. No. 114/11, whereby the appellants were convicted for the offence punishable under Section 323 of IPC and each was sentenced for three months' S.I. with fine of Rs. 1,000/- and in default of payment of fine, one month's S.I. was directed. The prosecution's case, in short is that, on 31.12.2010 at about 12:30 p.m. in the noon, the complainant Chandrabhan Patal was going near a culvert at village Katare's Purva (Police Station Ishanagar, District Chhatarpur). He saw that Harnarayan and Neeraj were quarreling due to dispute took place in their play card games. The complainant tried to resolve the dispute, but the appellants assaulted the complainant Chandrabhan and 3-4 other persons. The complainant Chandrabhan lodged an FIR Ex.P/7 at Police Station, Ishanagar. The injured persons were sent for their medico legal examination. After due investigation, a charge sheet was filed before the J.M.F.C. Nowgaon, who committed the case to the Sessions Court, and ultimately it was transferred to the Additional Sessions Judge Nowgaon, District Chhatarpur. 2. The appellants abjured their guilt. They did not take any specific plea, but they have stated that they were falsely implicated in the matter due to enmity. However, no defence evidence was adduced. 3. The learned Additional Sessions Judge after considering the prosecution's evidence acquitted the appellants from the charges of the offences punishable under Sections 147, 307/149, 325/149, 323/149 and 506-B of IPC, but convicted them for the one count of offence punishable under Section 323 of IPC and sentenced as mentioned above. 4. I have heard the learned counsel for the parties. 5. After considering the submissions made by the learned counsel for the parties and looking to the facts and circumstances of the case, it is apparent that the appellants do not challenge the conviction directed against them but they pray for reduction of the sentence. A certificate under Section 428 of Cr.P.C. is issued by the learned Additional Sessions Judge by which it is clear that almost all of the appellants had undergone for more than 50 days in the custody, whereas the appellants Madan Prasad & Ghanshyam Patel remained in the custody for 32-38 days. Some superficial injuries were found to the victim. A certificate under Section 428 of Cr.P.C. is issued by the learned Additional Sessions Judge by which it is clear that almost all of the appellants had undergone for more than 50 days in the custody, whereas the appellants Madan Prasad & Ghanshyam Patel remained in the custody for 32-38 days. Some superficial injuries were found to the victim. It was not a case where the jail sentence to be passed against the appellants. The incident took place in a spur of moment. There was no previous enmity between the parties and therefore, imposition of fine was sufficient in the present case. The learned Additional Sessions Judge imposed a maximum fine for the offence punishable under Section 323 of IPC and therefore, it is a fit case in which the jail sentence directed against the appellants may be reduced to the period, which they have already undergone in the custody. 6. On the basis of aforesaid discussion, the appeal filed by the appellants is hereby partly allowed. The conviction directed for the offence punishable under Section 323 of IPC is hereby maintained but the sentence is reduced to the period, which they have already undergone in the custody. It is informed that the appellants have deposited the fine before the trial Court. 7. At present, the appellants are on bail. Their presence is no more required before this Court and therefore, it is directed that their bail bonds shall stand discharged. A copy of the judgment be sent to the trial Court alongwith its record for information.