For the Appellant : Shri Neeraj Ashar, Advocate.For the Respondent/State : Shri Amit Pandey, Panel Lawyer.Date of hearing : 28/02/2012 Date of judgment: 28/02/2012 (J U D G M E N T ) Appellant has filed this appeal against the judgment dated 6th January, 1999, passed by First Additional Special Judge, Rewa in Special Case No. 11/1995, convicting the appellant under Sections 323 and 342 of the Indian Penal Code and sentencing him to rigorous imprisonment for one year with fine of Rs. 500/-, on each count respectively.In short, the prosecution case is that on 18.6.1995 at about 5 O' clock in the morning, appellant went at the house of Dhanai Basore and forcibly carried him to his shop.He confined him there and assaulted saying that his pigs entered his house.Hearing his hue and cry, his son (2) Cr.Police and other persons rescued Dhanai and sent him to Primary Health Centre, Teonthar.Since Dhanai belonged to Scheduled Caste, a case under Section 3(i)(x) of the SC/ST (Prevention of Atrocities) Act (for brevity `the Act') and Sections 323, 506-B and 342 of the Indian Penal Code was registered.After investigation, charge sheet was filed against the appellant and the case was committed for trial.After appreciating the evidence of complainant, other eye witnesses and the medical evidence of Dr. Ramesh Kumar Mishra (PW13), learned Special Judge found that the charge under Section 3(1)(x) of the Act was not made out, but it stood proved that appellant confined and assaulted Dhanai.Accordingly, appellant was convicted under Sections 342 and 323 of the Indian Penal Code.Aggrieved by his conviction and sentence, appellant has filed this appeal.Learned counsel for the appellant has not assailed the finding of conviction of appellant.He, however submitted that in view of the fact that the incident occurred in the year 1995 and about 17 years had elapsed, the sentence of imprisonment of appellant be reduced to the period already undergone by him.He submitted that appellant remained in jail for four days.On the other hand, learned counsel for the State (3) Cr.233/1999 contended that the sentence imposed by the Court below was appropriate and adequate in the facts and circumstances of the case.I have heard the learned counsel for the parties and perused the impugned judgment and the evidence on record.On perusal of record, I find that Dhanai (PW1) categorically stated that appellant assaulted him with fists and kicks and forcibly carried him to his shop and confined him.Hearing his shouts, his wife, son and daughter- in-law came there and rescued him.As a result of assault, he suffered injuries on his head and chest.He stated that appellant had constructed a house in his courtyard, therefore, he created dispute.Appellant wished that he should leave the place vacant for him.He stated that except assaulting and confining him, appellant did not say anything else to him.The evidence of Dhanai (PW1) finds support from the evidence of his wife Gendaua (PW2), Indrakali (PW3), Brijbhan (PW4), Anarkali (PW5), Chhabilal (PW6) and Ramchandra Paul (PW9).Independent witness Radhika Prasad Tiwari (PW12) also stated that Dhanai was rescued from the house of appellant infront of him.Dr. Ramesh Kumar Mishra (PW13) examined the injuries of Dhanai and found following injuries on his body:(i) Lacerated wound 1cm x 1/2 cm x 1/2cm in frontal region of skull on eye brow,(ii) contusion with swelling on the left side of his face & (4) Cr.(iii) contusion with swelling on the left thigh.In the opinion of doctor, these injuries were caused by hard and blunt object.They were simple in nature.Injury report Ex. P/7 was written and singed by him.From the above evidence, it is amply established that Dhanai (PW1) was assaulted by appellant.From the evidence of complainant and other witnesses, it is also established that appellant confined Dhanai in his shop.After perusal of the above evidence, I am satisfied that learned Special Judge committed no error in holding the appellant guilty of the charges under Sections 342 and 323 of the Indian Penal Code.About 17 years have elapsed since then.Appellant is now an elderly person of about 56 years of age.There is nothing on record to indicate that he is a person of bad antecedents or is a previous convict.I find substance in the submission of learned counsel for the appellant that no useful purpose would be served if appellant is sent back to jail for serving out further jail sentence.In this view of the matter, I deem it proper to reduce the jail sentence of appellant to the period of custody already suffered by him which comes to about four days, however, with enhancement of fine.Accordingly, the jail sentence of appellant on both counts is reduced to the period of sentence already undergone by him.The amount of fine (5) Cr.233/1999 imposed upon the appellant under Section 323 of the Indian Penal Code is enhanced to Rs. 1000/- and the fine imposed upon him under Section 342 of the Indian Penal Code is also enhanced to Rs. 1000/-.The fine amount already deposited by the appellant shall be adjusted in calculating the total amount of fines.In case of failure of the appellant to deposit the fine amount, he shall undergo simple imprisonment for a period of two months.The amount of fine shall be deposited in the trial Court within a period of two months.Appeal partly allowed.(RAKESH SAKSENA) JUDGE AD/

Cited provisions: Section 342 in The Indian Penal Code; Section 323 in The Indian Penal Code