HIGH COURT OF MADHYA PRADESH : JABALPUR Criminal Appeal No. 616/1999 Ghanshyam alias Kalloo Versus State of Madhya Pradesh __________________________________________________ For the appellant : Shri Sanjay Patel, Advocate. For the State : Shri Sameer Chille, GA. __________________________________________________ Present: Hon'ble Mr. Justice S.C. Sinho __________________________________________________ J U D G M E N T (13/12/2011) Appellant has filed this appeal being aggrieved by the judgment and conviction passed by Ist Additional Sessions Judge, Mandla in S.T. No. 7/98 vide impugned judgment dated 22/02/99 whereby being convicted u/s 325 of IPC, he has been sentenced to undergo RI for 2 years with fine of Rs.1000/- in default to suffer further RI for 3 months. Further being convicted u/s 323 of IPC, appellant has been sentenced to undergo RI for 6 months. 2. As per the prosecution case on 30/01/95 at about 8.00 PM appellant Ghanshyam with other co-accused beaten the complainant Kishanlal by means of lathi as a result, complainant received injury on head. Completing the investigation, appellant was charge sheeted. 3. Learned counsel for appellant Shri Patel has submitted that he is only challenging the quantum of sentence. 4. The court below has not committed any mistake while believing the statements of PW-1 Kishanlal, PW-2 Mewalal who also received the injury in the same incident, PW-4 Rumlal duly supported by medical evidence of PW-9 Dr. Sanjay Jain who has given MLC report Ex.P-9, P-10. Further as per x-ray report Ex.P-4 only Kishanlal received fracture in the skull. The court below has rightly convicted appellant under the aforesaid sections. Nothing could be brought on record so as to suggest that appellant is falsely implicated in any extraneous consideration. 5. With regard to sentence is concerned, admittedly appellant Ghanshyam was in jail from 25/03/95 to 24/04/95 and from 21/09/98 to 13/10/98 (total 54 days). No previous criminal conduct of the appellant has been proved by prosecution. No fruitful purpose will be served by sending applicant for short term of sentence in jail. The incident is about more that 16 years old therefore, the jail sentence awarded by the courts below can be reduced to the period already undergone by appellant in jail. 6. Resultantly, appeal is allowed in part. The conviction of appellant u/s 325 and 323 of IPC is affirmed. Appellant is sentenced for the period already undergone however, the fine amount u/s 325 of IPC is enhanced from Rs. 1000/- to Rs. 5000/-, fine will be deposited within four months from today. Out of the total fine amount of Rs. 5000/-, Rs. 4000/- will be given to complainant Kishanlal, S/o Dhanilal, R/o Rambagh, P.S. Mandla, District Mandla by way of compensation u/s 357 of Cr.P.C. 7. With this modification, the appeal is allowed in part. Copy of this order be sent to the trial court for information and compliance. (S.C. Sinho) Judge