f' 3N 3BB HXSB QQmV W Srlaiaal to»aalNe. fsajwaa. AX sfss^s^a. f 1SI91 A»»e.ll«»t» Ae<si»ae*. •. aaaaa-ldi" »ltwBharva, agei 22 yew, •®a»f Stei Bairi. ?»••»«* SaAfcCTial (SBryavaistu.) reBi<l t «f Oniajsrl, OIUtrkafchatta, Bilasyyi?, MIiaa.l »NlDiatelet Ml»Sj»ta*. ? jEtes»®n*ent;8 -~-i Sfta »tMaAly ftplleste tiu?«u|;lt ?Ai»eStatica - Oivll £tee, Bll,as»u3P, M.?, eBiBMjy. JEEBA& vM s?*(2) wws o? SKXMJSAa faaesgs^isi? HIGH COURT OF CHHATTISGARH AT BILASPUR (Hon. Mr. Justice Pritinker Diwaker) Criminal Appeal No. 854 of 1991. APPELLANT RESPONDENT VERSUS ^ Ramnath alias Bhurva. State of Madhya Pradesh (now Chhattisgarh). Shri N.K. Chaterjee, counsel forthe appellant. Shri Pravin Das, Dy. GA for the respondent/State. CRIWIINAL APPEAL UNDER SECTION 374 (2) OF THE CODE OF CRIWIINAL PROCEDURE. JUDGWIENT (11.01.2010) Counsel for the appellant submits that as the appellant has already remained in jail for a period of 68 days, this appeal may be heard finally. Counsel submits that he is not challenging the conviction of the accused/appellant and would confine his arguments to sentence part of the impugned judgment only. Accordingly, the Court proceeds to hear the case finally. 2. This appeal is directed against the judgment dated 6.9.1991 passed by the Additional Sessions Judge, Bilaspur in Sessions Trial No. 62/1989 convicting the accused/appellant for the offence punishable under Section 324 of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for two years. 2. Case of the prosecution in brief is that on the basis of report (Ex. P-12), an FIR was registered against the appellant and two other accused persons namely Ashok and Ganesh for an offence under Section 307 of the Indian Penal Code. It is alleged that complainant Rajkumar (PW-1) who was running a grocery shop was assaulted by the accused/appellant. However, one Shri Kumar (PW-2) who had come to intervene in the matter was assaulted by s.- the accused/appellant with knife as a result of which he had sustained stab injuries. 3. So as to hold the accused/appellant guilty, prosecution has examined 10 witnesses in support of its case. Statement of the accused/appellant was also recorded under section 313 of the Code of Criminal Procedure in which he denied the charges levelled against him and pleaded his innocence and false implication in the case. 4. After hearing the parties the trial Court has convicted and sentenced the accused / appellant for the offence as mentioned above. However, other accused persons namely Ashok and Ganesh have been acquitted of the charges levelled against them. 5. Heard counsel for the parties and perused the material available on record including thejudgment impugned. 6. Counsel for the appellant submits that the incident had taken place in the year 1 987 and there was no intention on the part of the accused/appellant to cause injury to Shri Kumar (PW-2) but as he had come all ofa sudden, he got injured. He submits that by lapse of time the appellant and the injured have come to terms and no dispute exists between them. He also submits that the appellant has already remained in jail for a period of 68 days and therefore interest ofjustice would be served if his sentence is reduced to the period already undergone by him. 7. To this proposition of the counsel for the appellant, State counsel has no serious objection. 8. Accordingly, keeping in view the fact that the appellant has served out 68 days ofjail sentence and that the relations between him and the injured have again become cordial, this Court is of the view that no useful purpose would be served in keeping him in detention any further and interest of justice would be served if he is '/ -3- sentenced to the period already undergone by him subject to imposition of some fine on him. 9. Inthe result, the appeal ispartly allowed. Conviction part of the impugned judgment is maintained but sentence imposed on him is reduced to the period already undergone by him. However, the appellant will be required to pay a fine of Rs. 1000. He be set free if notwanted in any othercase. - ^-.7 - Sd/- Pritinker Diwaker Judge 'J^