-1- CRIMINAL APPEAL NO.1208/99 13.12.2011: Shri Rajesh Chouhan, counsel for the appellants. Shri R.S. Bais, Deputy G.A for the respondent/State. They are heard. J U D G M E N T This appeal is directed against the judgment dated 01.09.1999 passed by A.S.J Rajgarh (Biora) in Sessions Trial No.116/98. By the impugned judgment, learned trial Court convicted the appellants under sections 452, 324 & 324/34 IPC and sentenced them under section 452 IPC, RI for 2 years each, under section 324 IPC, RI for 2 years with fine of Rs.2000 to appellant No.1 Yogesh and under section 324/34 IPC, RI for 2 years each with fine of Rs.2000/ to appellants No.2 & 3. 2. Appellants were put to trial for offenses punishable under sections 452, 324 & 324/34 IPC on the allegation that late in the night of 14.06.1998, appellant committed house trespass in order to kill Ashok Namdev. Ashok Namdev managed to save himself. Charge sheet was filed against the -2- appellant for their prosecution. Appellants denied the charges, therefore, they were put to trial. On consideration of the prosecution evidence, learned trial Court found the appellants guilty of the offenses and, therefore, sentenced them as aforesaid. It was directed that out of the fine amount, a sum of Rs.5,000/- be paid to the victim as compensation. 3. Counsel for the appellants does not assail the conviction of the appellants. The only contention urged is with regard to the quantum of sentence. It is submitted that appellants remained in jail for almost a month. So far as the conviction is concerned, it is based on proper appreciation of evidence. 4. Considering the totality of the facts and circumstances of the case, we uphold the conviction of the appellants, however, the jail sentence is reduced to the period already undergone provided each of them shall pay an additional sum of Rs.1,000/- as fine. The amount of additional fine (Rs.3000/-) be paid to the victim as compensation. In default of payment of additional fine amount, the appellants shall undergo RI for three months. The appellants are on bail. In the event of -3- payment of additional fine amount, the bail bonds of the appellants shall stand discharged. 5. The appeal is allowed to the extent indicated herein above. (S.K.SETH) JUDGE Hk/