HIGH COURT OF MADHYA PRADESH : JABALPUR Criminal Appeal No. 2232/1999 Radheshyam Versus State of Madhya Pradesh _______________________________________________ For the appellant : Shri Sharad Verma, Advocate. For the State : Shri Sameer Chille, GA. _______________________________________________ Present: Hon'ble Mr. Justice S.C. Sinho _______________________________________________ J U D G M E N T (14/12/2011) Appellant has filed this appeal being aggrieved by the judgment and conviction passed by IInd Additional Sessions Judge, Jabalpur in S.T. No. 16/97 vide impugned judgment dated 31/07/99 whereby being convicted u/s 324 of IPC, he has been sentenced to undergo RI for 2 years. 2. As per the prosecution case on complainant Kamlesh is having a grocery shop at village Urdua Khurd and appellant has taken grocery worth Rs. 400/- on credit from his shop. On 9/09/96 when appellant was passing through complainant's shop, complainant Kamlesh stopped him and demanded Rs. 400/-. Some altercation took place and appellant armed with knife assaulted the complainant resultantly he received incised injuries on his stomach. A named FIR Ex.P-1 was lodged in police station Panagar. Injured was immediately shifted to the hospital where PW- 5 Dr. A.K. Jain examined him and found following injury:- (i) incised wound over the left side of chest laterally at 7th intercostal space 1 ½” x ¼” x ¼”. After due investigation, charge sheet was filed. 3. Learned counsel for appellant Shri Verma has submitted that he is only challenging the quantum of sentence. 4. Injured PW-1 Kamlesh Patel has fully supported the incident and just after the incident named FIR Ex.P-1was lodged. Aforesaid fact is further corroborated by PW-2 Geeta Bai, PW-3 Ram Ji, PW-4 Pushpa Bai and PW-5 Dr. A.K. Jain. 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 Radheshyam was in jail for 23 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 15 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 324 of IPC is affirmed. Appellant is sentenced for the period already undergone however, the fine amount of Rs. 7500/- in default to suffer further RI for 6 months u/s 324 of IPC is imposed on appellant, fine will be deposited within four months from today. The whole fine amount of Rs. 7500/- will be given to complainant Kamlesh Patel, s/o Ramji Patel, R/o Pariyat, District Jabalpur 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 nn