HIGH COURT OF MADHYA PRADESH : JABALPUR Criminal Appeal No. 484/1999 Saddif alias Saddiq Mohd. Versus State of Madhya Pradesh __________________________________________________ For the appellant : Shri L.N. Sakle, Advocate. For the State : Shri Sameer Chille, GA. __________________________________________________ Present: Hon'ble Mr. Justice S.C. Sinho __________________________________________________ J U D G M E N T (13/12/2011) Appellants have filed this appeal being aggrieved by the judgment and conviction passed by IInd Additional Sessions Judge, Sidhi in S.T. No. 36/97 vide impugned judgment dated 12/01/99 whereby being convicted u/s 308 of IPC, appellant no.1 has been sentenced to undergo RI for 2 years and u/s 323 of IPC sentenced to undergo SI for 8 months. Further being convicted u/s 323 of IPC, appellant nos. 2 and 3 have been sentenced to undergo RI for 8 months 8 days to each. 2. Learned counsel for appellants submits that he is only pressing the appeal on behalf of appellant no.1 Saddif as other appellant nos. 2 and 3 have already completed the sentence. 3. As per the prosecution case on 28/12/96 at about 19.00 hours some altercation took place between complainant Jagdish and Asgar. Later on, Asgar alongwith appellants Saddif, Sabbir, Kallu @ Mukthar Ali and other acquitted co- accused went to the house of Jagdish and pelted stones on Jagdish and her daughter Muneshwari. Appellant no.1 Saddif also assaulted Rajendra by means of farsi on his head. The matter was reported to concerned police station. Completing the investigation, appellant was charge sheeted. 4. Learned counsel for appellant Shri Sakle has submitted that he is only challenging the quantum of sentence regarding appellant no.1 Saddif. 5. Nothing could be brought on record so as to suggest that appellant is falsely implicated in any extraneous consideration. Learned Sessions Judge on the basis of statements of PW-1 Jagdish, PW-4 Rajendra has rightly held that appellant no.1 Saddif has assaulted Rajendra with farsi. Just after the incident named FIR Ex.P-1 was lodged by injured Jagdish in police station Garwa. Injured Rajendra and Jagdish referred to District Hospital, Sidhi where PW-11 Dr. V.P. Singh examined Jagdish and Rajendra and submitted Ex.P-20, 21 MLC reports. Dr. Singh has opined that occipital bone was fractured, it was dangerous to life. The court below has rightly convicted appellant no. 1 Saddif under the aforesaid sections. 6. With regard to sentence is concerned, admittedly appellant Saddif was in jail for 248 days, more than 8 months. No previous criminal conduct of the appellant has been proved by prosecution. No fruitful purpose will be served by sending appellant for short term of sentence in jail. The incident is about more than 15 years old therefore, the jail sentence awarded by the courts below can be reduced to the period already undergone by appellant in jail. 7. Resultantly, appeal is allowed in part. The conviction of appellant no. 1 Saddif u/s 308 and 323 of IPC is affirmed. Appellant is sentenced for the period already undergone however, the fine amount of Rs. 5000/- in default to suffer further RI for 3 months u/s 308 of IPC is imposed on appellant, fine will be deposited within three months from today. Out of the total fine amount of Rs. 5000/-, Rs. 4000/- will be given to complainant Rajendra, S/o Jagdish, R/o village Agarahwa, District Sidhi by way of compensation u/s 357 of Cr.P.C. 8. 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