JUDGMENT : This appeal is directed against the judgment and order of conviction and sentence dated 16.07.2018, passed by the learned Sessions Judge, South Tripura District, Belonia in Case No. ST 8(ST/B) of 2016 whereby and whereunder the accused-appellant has been sentenced to suffer simple imprisonment for 10(ten) days and fine of Rs.6,000/- (Rupees six thousand), in default, to suffer simple imprisonment for 2(two) months for commission of offence punishable under Section 324 of the Indian Penal Code. 2. Heard Mr. D.K.Daschoudhury, learned counsel appearing for the accused-appellant as well as Mr. B. Choudhury, learned Public Prosecutor appearing for the State-respondent. 3. On agreement of both the parties, the matter has been taken up for final disposal at the admission stage. 4. The facts, briefly stated, one Smt. Hiranbala Pal lodged a written complaint on 05.12.2014 at about 18:15 hours before the O.C., P.R.Bari Police Station stating inter alia that on 30.11.2014 at about 08:30/09:00 p.m. she was informed by one Ranjit Majumder that her son Litan Pal was lying on the road with bleeding injuries and was rushed to hospital and on the way Litan disclosed that he was struck by means of a brick-bat on his head by Bapan Kar, the appellant herein. On the basis of the said ejahar, a case was registered vide FIR No.2014 PRB 126 under Sections 307 and 325 of IPC and one S.I., Sushanta Deb was entrusted to investigate the case by the O.C. of the police station. 5. Accordingly, on completion of investigation, charge-sheet was submitted against the accused-appellant Bapan Kar alias Swarna for committing offence punishable under Sections 323/307 of IPC showing the accused as absconder though it was mentioned in the charge-sheet itself that he was granted pre arrest bail by the learned Sessions Court on 16.12.2014. 6. On receipt of the charge-sheet, the learned Chief Judicial Magistrate, South Tripura, Belonia took cognizance of the offence and committed the case to learned Sessions Judge, South Tripura, Belonia. 6. On receipt of the charge-sheet, the learned Chief Judicial Magistrate, South Tripura, Belonia took cognizance of the offence and committed the case to learned Sessions Judge, South Tripura, Belonia. Learned Sessions Judge has framed charge against the accused which runs as follows: “That you, on 30.11.2014 at about 8.30 p.m. at Chinkanthali, Bathkhola under P.R.Bari Police Station, did an act to wit, caused hurt to Sri Litan Pal by means of brick with such intention and under such circumstances that if by that act you had caused death of Sri Litan Pal and you would have been guilty of murder and that you thereby committed an offence punishable under Section 307 of the Indian Penal Code and within the cognizance of this Court of Sessions. And I hereby direct that you be tried on the said charge.” 7. During the course of the trial, the prosecution has examined as many as 10 witnesses including the victim Litan Pal. On completion of the evidence, the accused was examined under Section 313, Cr.P.C. where the accused had denied to adduce evidence in self-defence. 8. This Court has gone through the judgment wherein the evidence of the prosecution witnesses has been discussed. It has come to light that Ranjit Majumder (P.W.5) was the informer of the incident and on the basis of his information, the brother of Uttam Pal (P.W.4) took the victim Litan Pal to the Udaipur District Hospital. The victim Litan also narrated the incident to them. Doctor who treated Litan at the first instance at Tripura Sundari District Hospital, Udaipur has been examined as P.W.7 and Dr. Abhijit Dey of G.B.Hospital, Agartala has also been examined as P.W.10. The injury report of the Tripura Sundari District Hospital, Udaipur has been marked as Exbt.2. From the medical report, Exbt.2 it is revealed that the victim Litan Pal has suffered a simple abrasion and the injury was of simple in nature which could be caused by a blunt object. The learned Court found from the medical report that there was soft tissue tenderness in neck. The learned Sessions Court has further found that there was no grievous hurt caused upon the victim although he became unconscious. 9. The learned Court found from the medical report that there was soft tissue tenderness in neck. The learned Sessions Court has further found that there was no grievous hurt caused upon the victim although he became unconscious. 9. After considering the evidence and materials on record, the learned Sessions Court has convicted and sentenced to suffer simple imprisonment for 10(ten) days and shall pay fine of Rs.6,000/-(Rupees six thousand) only, in default, to suffer simple imprisonment for 2(two) months because Section 30 Cr.P.c. permits the Court to sentence for imprisonment in default of payment of fine not exceeding one-fourth of terms of imprisonment which the Court is competent to inflict for the offence otherwise than as imprisonment in default of payment of fine. As such, Section 324 IPC being punishable upto three years, two months simple imprisonment could be passed. 10. During the course of hearing, this Court also finds that the prosecution evidence remained unshaken. It is proved that the victim Litan had suffered injury which was caused by the accused-appellant and the victim was also in the hospital out of that injury. 11. At this stage, Mr. Daschoudhury, learned counsel appearing for the accused-appellant has submitted that the sentence may be modified and only a fine may be imposed. 12. Mr. B. Choudhury, learned Public Prosecutor has also raised no objection to the said submission of the learned counsel for the accused-appellant. 13. Accordingly, this Court is of the opinion that the sentence to suffer simple imprisonment for 10(ten) days may be modified and it is ordered that instead of that sentence, the accused-appellant has to pay a fine of Rs.8000/- (Rupees eight thousand) which would be paid to the victim Litan Pal within a period of two months from today. In default of payment of the said fine money, the accused-appellant has to suffer simple imprisonment for two months. 14. Copy of this judgment may be furnished to Mr. D.K. Daschoudhury, learned counsel appearing for the accused-appellant on payment usual cost. 15. Registry is directed to send a copy of this judgment to the court of learned Sessions Judge, South Tripura, Belonia immediately. 16. With the above observations and directions, the instant appeal is partly allowed and disposed of.