The prosecution's case in short is that on 20.1.2003 at about 9.00 a.m one Mihilal Thakur (PW10) had lodged an FIR at Police Station Damoh Dehat that two days prior to the date of FIR a quarrel took place between the sister of Delan and Batu son of the complainant Mihilal and therefore, on 20.1.2003 at about 7.30 when Batu went to a grocery shop at Village Marutal 2 Tek (Police Station Damoh Dehat, District Damoh) the appellant and his companions surrounded him and assaulted him with axe and stick.After lodging of the FIR, Dr. Y. P. Patel (PW1) examined the victim Mihilal and gave his report Ex.An incised wound was found on his left leg.Dr. Patel had also examined the victim Batu and gave his report Ex.He found that he sustained a lacerated wound of left jaw and 2-3 other wounds were found at nose, forehead and upper lip.He was referred to a dental surgeon and it was found that two teeth of Batu were broken.(Delivered on the 30th day of November, 2015)The appellant has preferred the present appeal against the judgment dated 30.1.2015 passed by the First Additional Sessions Judge, Damoh in ST.No.200/2003 whereby, the appellant has been convicted of offence under Section 326 read with Section 34 of I.P.C. and 324 of I.P.C and sentenced to three years rigorous imprisonment with fine of Rs.500/- and one year rigorous imprisonment with fine of Rs.500/-.After due investigation the charge sheet was filed before the Chief Judicial Magistrate, Damoh who committed the case to the Court of Sessions and ultimately it was transferred to First Additional Judge, Damoh.The appellant abjured his guilt.He did not take any specific plea, but has stated that he was falsely implicated in the matter.The Additional Sessions Judge after considering the prosecution's evidence acquitted the appellant from the charges of offence of Sections 506 (Part II), 294 and 341 of I.P.C. However, he was convicted and sentenced as mentioned above.However, Jirabai (PW7), Mihilal (PW10) and Batu Singh (PW14) have stated against the appellant.They have stated that when quarrel started the appellant Delan assaulted with an axe on 3 nose of Batu Singh and thereafter, Ramal Singh assaulted by a sword due to that his jaw was broken and lip was also cut.It was also stated that the appellant Delan also assaulted Mihilal with an axe on left leg.Looking to the overt act where he was not author of the grave injury caused to the victim Batu Singh, he is convicted with the help of section 34 of I.P.C. He was the first offender and the quarrel was started in a spur of moment.Under these circumstances, it would be appropriate to reduce the jail sentence for the period for which he remained in the custody.Since he is a poor person and unable to deposit 4 any fine amount and then if fine continues, he will undergo for default sentence unnecessarily.After considering the aforesaid discussion the appeal filed by the appellant is hereby partly allowed.Copy of the judgment be sent to the Court below along with its record for information and compliance.(N.K.GUPTA) JUDGE 30.11.2015 bina

Cited provisions: Section 34 in The Indian Penal Code; Section 326 in The Indian Penal Code; Section 324 in The Indian Penal Code