HIGH COURT OF MADHYA PRADESH : JABALPUR Cr.A. No. 2034/2010 Kallu Ishai Versus State of Madhya Pradesh ___________________________________________________________ For the appellant: Shri Ashok Koshta, Advocate For the respondent/: Shri R.K. Kesharwani, Panel Lawyer. State ___________________________________________________________ Present: Hon'ble Mr. Justice S.C. Sinho ___________________________________________________________ J U D G M E N T (11.03.2011) This criminal appeal under Section 374(2) of Cr.P.C. has been filed by the appellant being aggrieved by the judgment dated 31.08.2010 passed by XII Additional Sessions Judge, Jabalpur in S.T. No.166/2009, whereby the appellant has been convicted under Section 326 of I.P.C. and sentenced to R.I. for 3 years with fine of Rs.500/-, in default R.I. for 3 months. 2. The prosecution case in short is that on 01.07.2008 at about 14 hours appellant assaulted Munnalal with a sword on his left palm because of their previous enmity. The information of this incident was immediately made by injured Munnalal in Police Station Ghamapur and accordingly Ex.P-2 F.I.R. was registered. PW-1 Dr. Sukhda Sen examined Munnalal on 01.07.2008 and found an incised wound on his left palm and submitted Ex.P-1 M.L.C. report and referred the injured to Medical College Jabalpur. The medical report is Ex.P-1 which corroborates the evidence of PW-2 Munnalal, PW-3 Sushila Bai. After due investigation the charge sheet was filed by Shri B.S. Dwivedi, Assistant Sub Inspector. 3. The court below has recorded a finding against appellant that he assaulted Munnalal with a knife who received a grievous injury. 4. Learned counsel for the appellant has submitted that he does not want to challenge the finding of the court below. The finding to the above effect is amply borne out from the evidence of PW-2 Munnalal and PW-3 Sushila Bai duly supported by medical evidence. 5. So far as the sentence is concerned, learned counsel for the appellant has submitted that the appellant has already remained in jail from 03.07.2008 to 22.07.2008 during trial and further he is in jail from 31.08.2010 till date almost for 8 months. 6. Injured received an incised injury 3 x 3" on his left palm. Appellant seems to be first offender. Taking into considering the totality of the circumstances, I am of the opinion that the interest of justice would be met by awarding a sentence for a period already undergone by him. 7. Accordingly, the conviction of the appellant under Section 326 of I.P.C. is hereby affirmed, however, the sentence is reduced to the period already undergone by him by enhancing the fine amount from Rs.500/- to Rs.2000/-, in default of payment of fine he will undergo R.I. for 4 months. The appellant will deposit the fine amount within 2 months from today. It is made clear that if appellant has already deposited Rs.500/- before the court below then he shall deposit the balance fine amount of Rs.1500/-. 8. On the recovered fine amount of Rs.2000/-, whole amount be paid to injured Munnalal S/o Mahaveer Kori, Rickshaw Driver, R/o Sarkari Kuan, Marghatai, Jabalpur by way of compensation under Section 357(1) of Cr.P.C. 9. With this modification in the sentence, this criminal appeal is partly allowed. (S.C. Sinho) Judge psm