1 Cri.A. No.2238/1999 HIGH COURT OF MADHYA PRADESH : JABALPUR S.B. : HON'BLE SHRI JUSTICE S.C. SINHO Criminal Appeal No. 2238/1999 Yogeshwar Prasad & another -Vs.- The State of Madhya Pradesh Counsel for the Appellants : Shri Satish Chaturvedi, Advocate Counsel for the resp./State : Shri Sameer Chile, G.A. J U D G E M E N T (13.12.2011) Appellants have filed this appeal u/s. 374 (2) of Cr.P.C. being aggrieved by the judgment dated 18.8.1999 passed by Second Additional Sessions Judge, Rewa, in S.T. No.13/1993 whereby convicted appellants u/s. 325 of IPC and sentenced to undergo R.I. for 3 years and fine of Rs.1000/-, in default R.I. for 2 months to each. 2. As per prosecution on 30.9.1992 appellants alongwith other acquitted co-accused armed with lathi and danda assaulted Rajendra and ran away from the incident. Just after the incident Ex.P/1 Dehati Nalsi was lodged and injured Rajendra was referred to PHC where Dr. Vinayak Mishra (PW-4) examined the injured and found various injuries as per Ex. P/6 and further advised for X-ray. On the basis of X-ray plate Dr. V.K. Tiwari (PW-5) found compound long oblique fracture of right Tibia shaft. 3. Learned counsel for the appellants submitted that appellants have remained in jail from 7.10.1992 to 23.10.1992 2 Cri.A. No.2238/1999 i.e. 16 days. 4. At the trial injured Rajendra Prasad specifically stated that appellants Yogeshwar, Ramlallu and Vijay Singh has assaulted him with Lathi. Further Dr. Vinayak Mishra (PW-4) examined the injured and found various injuries as per Ex. P/6 and further advised for X-ray. On the basis of X-ray plate Dr. V.K. Tiwari (PW-5) found compound long oblique fracture of right Tibia shaft. 5. As before this court the finding of conviction of the appellants u/s. 325 of IPC is not challenged, hence, the aforesaid findings are hereby affirmed. 6. With regard to sentence is concerned, admittedly, the appellants have remained in custody from 7.10.1992 to 23.10.1992. No previous criminal conduct of the appellants has been proved by the prosecution. No fruitful purpose will be served by sending them for short term of sentence in jail after 17 years of the incident. In these circumstances, the jail sentence awarded by the court below can be reduced to the period already undergone by them in jail by enhancing the fine amount. 7. Resultantly, the appeal is allowed in part. The conviction of the appellants u/s. 325 of IPC is hereby affirmed but the sentence of R.I. for 3 years with fine of Rs. 1,000/- as awarded by the court below is hereby modified and instead thereof, the appellants are sentenced to the period already undergone by them in jail (from 7.10.1992 to 23.10.1992), however, the fine is enhanced from Rs.1,000/- to Rs.7,500/- u/s. 325 of IPC to each of the appellants. The enhanced fine amount be deposited within a period of 4 months, in default of payment of fine R.I. for 3 months. 8. Out of the released fine amount Rs. 10,000/- or 2/3rd recovered fine amount be paid to injured Rajendra, R/o. Narha, Shukulgawa, Thana-Gudh, Rewa u/s. 357 of Cr.P.C. as 3 Cri.A. No.2238/1999 compensation. 9. With the aforesaid directions and modifications in the sentence, appeal stands disposed of. A copy of this order be sent to the trial court for information and compliance. (S.C. Sinho) Judge RC