C? HIGH COURT OF CHHATTISGARH AT BILASPUR Criminai Revision No£21 of 1§9$ APPLICAN’T: Sharam, Sic Mum Saura. aged about 26 {én Jail) years, Occupatian Labcar, Rio VEHage Tausir, P3. Baramkeia, Tehsii Sarangarh. Distt. Raigarh (MR) (now QG.) Versus NON—AFFLICANT: State of MP. (now CG). through District Magiatmte, Raigarh (MR) (new CE.) {Criminai revision under Section 397 read with Section 401' of the Code of C¥imma! Procedure, 19.73} Present: Mr. HS. Paiei, counsei for the appiicam. Mr. Vinod Tekam‘ Panel Lawyer'for the Sfate. Single Bench: Honi‘bie Mr. TP. Sharma. J. OR§ER (Passed on 13‘“ August. 2008) 1. This petition is directed against the judgment dated 10—9—1996 passed by the $essions Judge. Raigarh in Criminal Appeal No.85/95 modifying the judgment of conviction and order of sentence dated 12-5-1995 passed by the Judicial Magistrate. First Class, Sarangarh in Criminal Case No.533/93 whereby & whereunder learned Judicial Magistrate. First Class after holding the appellant and other co-accused guilty for commission of ottence under Section 325 read with Section 34 of the l.P.C., sentenced each of them to undergo RI. for one year and pay a fine of Rs.500f—. in default of payment of fineto further undergo SJ. for two months. Learned Sessions Judge while modifying the judgment of conviction & order of sentence. acquitted co-accused Latey Saura of the charge under Section 325 read with Section 34 of the LPC. and maintained conviction and sentence of the applicant herein. 2. it is argued on behalf of the applicant that he is not disputing the conviction of the applicant, but he wants to argue on the question of F: sentence. Learned counsel for the applicant further argued that the applicant is in custody from 10-9-1996 to 26-9-1 9E6 i.e. for about 16 days and/he has already paid fine of Rs.SOO/- imposed upon him. He aiso argued that the sentence already undergone by the appellant and the fine amount paid by him will be sufficient to meet the ends of justice. 3. On the other hand, iearned Panel Lawyer appearing for the State has supported the impugned judgments of both the Courts below. 4'. i have heard learned counsel for the parties and perused the impugned judgments of the trial Court and the appeliate Court as also the records of both the Courts below. 5. According to the evidence availabie on record. the applicant assaulted complainant Dharnidhar on his head and caused grievous hurt as a result of which Dharnidhar sustained fracture of occipital bone. The evidence available against the applicant is sufficient for his conviction under Section r325 of the l.P.C. As regards the question of sentence, the applicant was in jail for some time i.e. for sixteen days.” 6. lt is submitted on behaif of the applicant that at the time of offence, the, applicant was aged about 26 years and no previous cpnviction has been proved against the appilcant. Soma @j 3 On the other hand. it is argued on behalf of the State that the applicant ii\ has caused grievous hurt to the complainant by stick which resuited in fracture of occipital bone of the compiainant. Taking into consideration the pendency of the case, the period of jaii sentence already undergone by the applicant and that the fine amount imposed upon him has already been paid by him, i am of the opinion that/no purpose will be served by again sending the appiicant to jail, however, the ends of justice would be met by enhancing the sentence of fine. in the result, the criminal revision is partly aIIOWed. Conviction of the applicant under Section 325 of the LPG. is maintained, however, sentence awarded to him is reduced to the period already undergone » ’ by him and sentence of fine is enhanced to Rs.3,000I-. The appiicant had already deposited Rs.5OOI-, he shall deposit the rest of the fine amount i.e. Rs.2,500f- within 1'5 days from today. in default he wiil suffer Rl. for two months. The fine amount recovered from the applicant be given to Dharnidhar, Sic Brahma, Rio Village Tossir, Police Station Baramkela. Distt. Raigarh under Section 357 of the CrPC. as compensation. l I Sd/- T.P. Sharma i 1 j j Judge r