( 1 ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPEAL NO. 466 OF 2005 The State of Maharashtra .. Appellant Versus Navnath s/o. Radhakishan Sadawarte & ors. .. Respondents Shri K.M. Suryawanshi, A.P.P. for the appellant. Shri S.S. Rathi, Advocate for the respondents. CORAM : P.R. BORKAR,J. DATED : 08.03.2010 P.C. :- 1. Heard A.P.P. Shri K.M. Suryawanshi for the appellant and Adv. Shri S.S. Rathi for the respondents. 2. This is an appeal for enhancement of sentence awarded to the respondents in Criminal Appeal No. 79 of 2003, decided by the Adhoc Additional Sessions Judge, Parbhani on 21.02.2005, whereby the learned Sessions Judge, though dismissed the appeal filed by the respondents against order of conviction, reduced sentence to only fine. The ( 2 ) respondents were convicted initially by the Judicial Magistrate, First Class, Jintur, in R.C.C. No. 136 of 2001 on 01.12.2003 of offences punishable under sections 341, 324, 323 and 506 all read with section 34 of the I.P.C. The Sessions Judge confirmed the sentence so far as conviction under section 341, 323 and 506 all read with section 34 of the I.P.C. is concerned and acquitted of offence punishable under section 324 read with section 34 of the I.P.C. There were sentences of simple imprisonment for different periods and also fine for the offences which are proved. The Ist Adhoc Additional Sessions Judge, Parbhani, who decided the Criminal Appeal No. 79 of 2003 on 21.02.2005, reduced the sentence and only awarded fine. 3. The facts giving rise to file appeal may be stated as under :- . On 07.04.2001 P.W.1-Jagdish lodged complaint that on 06.04.2001 at about 4.00 p.m. his brother P.W.3-Satish informed that some boys of Baudhwada had come to the place, where sugarcane cutting was going on and they were taking away the sugarcane. But he did not allow them. Therefore, ( 3 ) these boys abused and intimated him. Thereafter, when the complainant P.W.1-Jagdish along with P.W.3-Satish were proceeding to the field where work was going on, the respondents restrained them. At that time respondent No.2- Damu pulled his leg and fell him down. Respondent No.1- Navnath pelted stone which hit the complainant P.W.1-Jagdish near his right eye lid causing injury. P.W.3-Satish was given kicks by respondent Nos. 3 and 4. Thereafter, it is stated that at about 7.00 p.m. again there was threat of killing given to them. So complaint was lodged and offence was registered for offences punishable under sections 324, 341, 323, 506 all read with section 34 of the I.P.C. 4. Heard learned A.P.P. Shri K.M. Suryawanshi in detail. He has taken me through the judgments so also part of the reasons given by the Trial Court and the Appellate Court regarding sentence. Adv. Shri S.S. Rathi for the respondents also taken me through the record particularly medical certificate Exh.30 and pointed out that P.W.1-Jagdish had sustained only two simple injuries, namely, abrasion on left palm of ½ x ½ cms. and second abrasion of 1 x ½ cms. on right lower eye lid. Both were simple injuries caused within ( 4 ) 24 hours. There was no injury certificate of P.W.3-Satish. 5. Considering the nature of the dispute and injuries caused, in my opinion, when the matter was pending for five years by the time Sessions Court decided the same, this is not case where enhancement is required. 6. In the facts and circumstances, this appeal is dismissed. [P.R. BORKAR,J.] snk/2010/MAR10/crap466.05