Cr. Appeal No.1291/2000 13.12.2011 Shri Anupam Chouhan, counsel for the appellants. Shri Raghvendra Singh Bais, Panel Adv. for the respondent-State. Arguments heard. Judgement dictated in open Court in presence of counsel appearing for the parties. JUDGEMENT This appeal is directed against the judgment dated 16.11.2000 passed by Session Judge, Mandleshwar in S.T. No.357/1999. By the impugned judgment, appellants have been found guilty of the offences punishable u/s. 325/149 and Section 323 of the Penal Code and were sentenced to undergo 2 years R.I. with fine of Rs.500/- each with default stipulation. 2. 7 persons were tried for offences punishable u/s. 307/149 and Section 323 of 1 the Penal Code on the allegation that at about 8.30 in the night of 30.8.1999 appellants formed an unlawful assembly and in furtherance of their common object, they assaulted Bhuwaniram, Mohan, Mukesh and Trilok and caused injuries to them. 3. According to prosecution story, appellants armed with deadly weapon and caused injuries to injured persons including an injury on the face of Bhuwaniram. Incident was reported at the Police Outpost immediately and appellants were charge- sheeted. After completing the investigation, charge-sheet was filed and accused persons were put to trial. At trial, appellants denied the charges. Two of the accused persons viz. Sayeed and Ruab Khan took the plea of alibi and examined Lala and Sheikh Rajaak as defence witnesses. After examining the prosecution witnesses, learned trial Judge found all accused persons guilty of 2 offences punishable u/s. 325/149 of the Penal Code and sentenced them, as aforesaid. Hence, this appeal. 4. It may be pointed out that during pendency of this appeal, appellant No.4- Sayeed expired, therefore, his name was struck off. Appeal, therefore, survives only in relation to remaining six appellants. 5. The only contention urged is regarding quantum of sentence awarded to appellant. Counsel for the appellant submitted that after the jail sentence was suspended by this Court, appellants are leading a peaceful life and untoward instance was reported against them. It is submitted that the jail sentence already undergone by the appellant would meet the ends of justice, hence he should be let off with the aforesaid reduced sentence. 3 6. Govt. Advocate appearing on behalf of State has no objection to the prayer made by counsel for appellants. 7. Considering the overall facts in the light of evidence available on record, we are of the opinion that this appeal can be disposed of with the following directions - i) Conviction of appellants u/s. 325/149 is hereby maintained; ii) Jail sentence of two years' R.I. is reduced to the period already undergone. iii) In addition to the fine amount imposed by the trial Court, each of the surviving appellants shall now pay additional fine of Rs.1,000/- (One Thousand) each by 31st March, 2012. This additional amount of fine [Rs.6,000/- (Six Thousand)] shall be paid to the complainant-Bhuwaniram. 4 iv) In case of default in payment of additional fine amount, the appellants doing such default shall undergo R.I. for two months. 8. In view of the foregoing discussion, appeal stands partly allowed to the extent indicated hereinabove. Appellants are on bail. In the event of payment of additional fine amount, the bail bonds of appellants shall stand discharges. Order accordingly. (S.K. SETH, J.) Alok/ 5