IN THE HIGH COURT OF JHDICATBtS; AT JABAI.PUR tea ^Cj-sKs- CRIHINAI. APPEAL No. ' 1 ~-> '-t 0P 1996 APPELLSNT; ACCUSED" BJLsahu aged 32 yrs, , ' . s/o Firanta Yadav, R/o Village-Darri, P.S.Kfaamharla,Dlstrict-E)urg. VERStTS RESPONDENTi State of Hadbya Pradesh, ' r Throagb-StatioB House Office, Police Statioa-paiamaria,Sist- Burg, APPEAL_ UHDER SECTION 374(2) CODE OF CRIHINAI. PROCEDURE ;K:3) 'ir'./v MIGH COURT OF CHHATriSGARM AT BILASPVR (Hon. Mr, Justice Pritinker Diwaker) Crimfna! Appeal No. 1754 of 1996 VERSUS Bjsaliu State of Madhya Pradesh Shri Anand Pandey, counsel for the appellant, Si-iri Ashish Gupta, P.L. for the State. CRIMINAL APPEAL UNDER SECTION 374 (2Tl OF THE COOE OF CRIMINAL PROCEDURE. 3 U D G M E N T (23.02.2011) The present appeal arises out of the judgment and order dated 27.09.1996 passed by Additional Sessions Judge, Bemstra, District - Durg, in Sessions Trial No. 13 of 1993 convicting the accused/appettant under Section 325 of IPC and sentencing him to undergo rigorous imprisonment for two years. Brief facts of the case are that on 02.10.1992 at about 9 p.m., FIR Ex. P-3 was todged by Prem Kumar alleging that on that day at about 7 p.m. theaccused/appellant assaulted his maternal grand father namely Gulab Singh (PW-l) by means of axe as a result of which he sustained several injuries on his body. Based on this report, offence under Sections 307 of IPC was registered against the appellant and after investigation diallan was filed on 25.11.1992 for the said offence. 3. So as to hotd the accused/appellant guilty, prosecution has examined 08 witnesses in support of its case. Statement of the accused/appetlant was also recorded under section 313 of the Code of Criminal Procedure in whlch he denied the •IA""'^. '•';3 ' i*^ .ir>'^ '\ >• .••'".^~ -l- charge levelled against him and pleaded hls innocence and false implication in the case. Apart from this, three witnesses namely Sahadeoram (DW-l), Basant Yadav (DW-2) and Firanta Yadav (DW-3) have also been examined by the defence in support of its case. 4. After hearing the parties the trjal Court has acquitted the accused/appeilant of the offence under Section 307 of IPC but convicted and sentenced him for the offence under Section 325 of JPC. 5. Heard counsel for the parties and pemsed the material avaitable on record inctuding the judgment impugned. 6. Learned counsel for the appellant submits that he is not pressing this appeal as far as it retates to conviction part of the impugned judgment and would confine his argument to the sentence part thereof only. According to hlm, the incident had taken place in the year 1992 i.e. eighteen years back; that the appeltant has already remained in jail for about four and a half months, the accused/appellant is now a middte aged person of 44 years having famiiy responsibilities, no usefui purpose would be served fn sending him back to jaii and it would be in the interest of justice if the ssntence imposed on him is reduced to the period already undergone by him. To this, counsel for the State has no serious 7, Accordingly, the appeal is partly allowed. Conviction part of the impugned judgment is maintained but looking to the pecutiar facts and circumstances of the case; in particuiar, the incident had taken place in the year 1992 i,e. ejghteen yeare back, that the appellant has already remainsd in jail for about four and a half months, the accused/appellant is now a middle <K- -3- aged person of 44 years having family responsibiiities, the Jaii sentence imposed o.n him is reduced to the period already undergone by him. However, in lieu thereof, the appellant is directed to pay a fine of Rs. 5,000 which would be payable to the injured namely Gulab Singh withjn a period of six months from the date of receipt of copy of this order. If the fine amount as directed is not deposited in the trial Court within the stipulated period, the appellant shall under go imprisonment for a period of six months. Appeal thus partly succeeds. 9. Registrv is directed to forward the copy of this judgment to the accused/appellant forthwith. — -——^^—— - Sd/- Pritinker Diwaker Judge