HIGH COURT OF MADHYA PRADESH : JABALPUR Criminal Appeal No. 635/1996 Nandulal Verma Versus State of Madhya Pradesh _______________________________________________ For the appellant : None present. For the State : Shri Akshay Namdeo, P.L. _______________________________________________ Present: Hon'ble Mr. Justice S.C. Sinho _______________________________________________ J U D G M E N T (20/12/2011) Appellant has filed this appeal being aggrieved by the judgment and conviction passed by IVth Additional Sessions Judge, Bhopal in S.T. No. 300/94 vide impugned judgment dated 29/03/96 whereby being convicted u/s 324 of IPC, he has been sentenced to undergo RI for 2 years with fine of Rs. 200/- in default to suffer further RI for 10 days. 2. As per the prosecution case on30/04/94 some altercation took place between complainant Kanhaiyalal and appellant. Meanwhile, appellant assaulted him by empty bear bottle on his stomach. Just after the incident, named FIR Ex.P-10 was lodged in police station Habibganj. Injured was referred for medical treatment to Hamidiya Hospital where PW-10 Dr. Ashutosh examined him and found the injuries described in Ex.P-12 MLC report. After due investigation, charge sheet was filed. 3. Injured PW-6 Kanhaiyalal has fully supported the incident and just after the incident named FIR Ex.P-10 was lodged. Independent witnesses PW-1 Waseer Khan, PW-2 Ramchandra and PW-3 Shafiq have not supported the prosecution case and declared hostile. At the time it is relevant to note that just after 65 minutes of the incident, named FIR Ex.P10 against the appellant was lodged by the injured. There was no reason that why on the cost of real assailant complainant will falsely implicate the appellant. The court below has rightly convicted appellant under the aforesaid section. 4. With regard to sentence is concerned, admittedly appellant Nandulal Verma remained in jail from 1/05/94 to 1/06/94 and from 26/08/95 to 7/09/95 (total 45 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 than 17 years old therefore, the jail sentence awarded by the court below can be reduced to the period already undergone by appellant in jail. 5. Resultantly, appeal is allowed in part. The conviction of appellant u/s 324 of IPC is affirmed. Appellant is sentenced for the period already undergone however, the fine amount of Rs. 200/- is enhanced to Rs. 3000/- in default to suffer further RI for 6 months u/s 324 of IPC, fine will be deposited within four months from today. 6. 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 nn