-1- CRIMINAL APPEAL NO.1104/98 13.12.2011: Shri Anupam Chouhan, counsel for the appellant. Shri R.S. Bais, D.G.A for the respondent/State. They heard. Judgment dictated in open Court in presence of the counsel for the parties. J U D G E M E N T This appeal is directed against the judgment dated 02.09.1998 passed by III Additional Sessions Judge, Khargone, in Sessions Trial No.51/98. By the impugned judgment, appellant has been held guilty of the offence punishable under section 335 IPC and sentenced him to undergo RI for 2 years and to pay a fine of Rs.1000/- with default stipulation. 2. The prosecution case in nutshell is that on the date of the incident Bhairam and his friends went to the house of appellant to protest against the beating given by the appellant to Balakram, cousin of Bhairam. It is alleged that appellant opened fire and caused grievous injuries to complainant -2- Bhairam. At trial, appellant denied the charges, therefore, he was put to trial. 3. Considering the prosecution evidence, learned trial Judge found the appellant guilty of the offence punishable under section 335 IPC and sentenced him to undergo RI for 2 years and to pay a fine of Rs.1,000/- with default stipulation. 4. Learned counsel for the appellant does not challenge the conviction of the appellant, however, prays for leniency in the matter of sentence. Learned counsel for the respondent/State does not oppose the prayer made counsel for the appellant. 5. So far as conviction of the appellant is concerned, it is based on proper appreciation of evidence. However, considering the overall facts and circumstances of the case and the fact that no useful purpose would be served by sending the appellant to jail at this distant point of time, therefore, appeal is allowed in part. While affirming the conviction of the appellant, his jail sentence is reduced to the period already undergone keeping the sentence of fine unaltered. If the appellant is in jail, he be released forthwith, if not required in -3- any other case. If the appellant is on bail, on deposit of fine amount, if not already done, the bail bonds shall stand discharged. 6. Accordingly, the appeal is allowed to the extent indicated herein above. (S.K.SETH) JUDGE Hk/