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2016 DIGILAW 973 (MP)

Nandlal v. State Of M. P.

2016-10-27

VED PRAKASH SHARMA

body2016
ORDER : Petitioners Nandlal and Bherulal feel aggrieved with judgment and order dated 20-8-2016 rendered by First Additional Sessions Judge (Link Court), Javad, Distt. Neemuch in Criminal Appeal No. 145/15, whereby judgment and order dated 15-10-2015 passed by Judicial Magistrate First Class, Javad, Distt. Neemuch in Criminal Case No. 227/2013 convicting and sentencing each of the petitioners under sections 323/34 and 325/34 of Indian Penal Code, 1860 (for short ‘IPC’) has been maintained. 2. Vide judgment and order dated 15-10-2015 the learned Magistrate sentenced each of the petitioner to 3 months RI with fine of Rs. 1000/- under section 323/34, Indian Penal Code and 6 months RI with fine of Rs. 1000/- under section 325/34, Indian Penal Code. 3. Learned counsel for the petitioner at the very outset has submitted that the petitioners do not wish to challenge the finding with regard to their conviction. Otherwise also the learned trial Court on due appreciation of testimony of Heeralal (P.W.3) and Bablu (P.W.5) – both injured persons, which is supported by expert testimony of Dr. Sunil Yadav (P.W.2) has rightly concluded that the petitioners in furtherance of their common intention on 22-2-2013 had assaulted Heeralal (P.W.3) and Bablu (P.W.5) with lathi, thereby causing simple hurt to Bablu (P.W.5) and grievous hurt (fracture of left humerus bone) to Heeralal (P.W.5). No perversity is found in the aforesaid finding which has been maintained by the learned appellate Court, therefore, the same does not call for any interference in exercise of revisional jurisdiction. 4. As regards sentence, considering the fact that the occurrence took place because of petty dispute and that no criminal antecedents are attributable to the petitioners, a lenient view can appropriately be taken in the matter. Considering the facts and circumstances of the case, a sentence of 1 months RI with a fine of Rs. 1000/- under section 323/34, Indian Penal Code and 3 months RI with a fine of Rs. 1000/- under section 325/34, Indian Penal Code will meet the ends of justice. 5. Accordingly, this petition is partly allowed. The conviction recorded against each of the petitioners for offence under sections 323/34 and 325/34 is hereby maintained. The sentence is modified as above. Petition is accordingly disposed of. A copy of this order be sent to the trial Court concerned forthwith for compliance.