HIGH COURT OF MADHYA PRADESH : JABALPUR Criminal Appeal No. 661/2001 Munnalal Kushwaha and another Versus State of Madhya Pradesh _______________________________________________ For the Appellants : Shri Hemant Sen, Advocate. For the Resp./State : Shri Akshay Namdeo, P.L. _______________________________________________ Present: Hon'ble Mr. Justice S.C. Sinho _______________________________________________ J U D G M E N T ( 24/11/2011) Appellants have filed this appeal being aggrieved by the judgment and conviction passed by Sessions Judge, Satna in sessions case no. 91/99 vide impugned judgment dated 12/04/01 whereby appellant no.1 being convicted u/s 324 of IPC has been sentenced to undergo RI for 1 year. Further, appellant no.2 being convicted u/s 324/34 of IPC sentenced to undergo RI for 1 year. 2. Appellants are father and son. Appellant no. 2 is real brother of complainant Latora Kachi and appellant no.1 is nephew of complainant. They are having a dispute due to partition of agricultural field. As per the prosecution case on 11/10/98 complainant Latora lodged FIR Ex.P-1 that while he was returning from his field, appellants caught him and appellant no.1 given a blow of knife on his stomach as a result, he fell down on the ground. He was immediately shifted to PHC, Jaso where PW-7 Dr. R.K. Sharma examined him and found cut injuries on chest and left hand as per Ex.P-14. FIR was written by PW-8 Dinkar Prasad, head constable. During investigation spot map Ex.P-3, and spot panchnama Ex. P-4 were prepared. PW-6 K.G. Shukla, S.I conducted the investigation and seized knife from appellants as per seizure memo Ex.P-8. Completing the investigation, charge sheet was filed. 3. Appellant abjured the guilt. However, the court below relying upon the statements of PW-1 Latora Kachi duly supported by PW-2 Dayaram, PW-3 Rajman, PW-7 Dr. R.K. Sharma, PW-9 Natthulal, PW-10 Mahadeo held the appellants guilty us 324, 324/34 of IPC and sentenced for the period said above. 4. It is admitted position that appellants are father and son. Appellant no. 2 is real brother of complainant Latora Kachi and appellant no.1 is nephew of complainant. There was some dispute due to partition of agricultural field therefore, this incident has taken place. PW-1 Latora Kachi has specifically stated that on the date of accident appellants caught him and Munnalal assaulted knife on his stomach and ran away from the spot. They are rightly convicted u/s 324, 324/34 of IPC by the court below. 5. Shri Hemant Sen, learned counsel for appellants has submitted that appellants remained in jail for 67 days and incident is about 14 years old therefore, a lenient view be taken against them. 6. Section 324 of IPC is compoundable even then compromise has not taken place between the family members. However, appellants remained in jail for about 67 days and no previous criminal conduct of the appellants has been proved by the prosecution, they seems to be first offender. No fruitful purpose will be served by sending them for short term of sentence in jail. In these circumstances, the jail sentence awarded by the court below can be reduced to the period already undergone by them in jail. 7. Resultantly, appeal is allowed in part. Maintaining the conviction u/s 324, 324/34 of IPC appellants are sentenced for the period already undergone. However, the fine amount of Rs. 10,000/- each is imposed on the appellants and in default to make payment of fine they will further suffer RI for 1 year. Out of the fine amount Rs. 15,000/- or 75% shall be paid to complainant Latora Kachi, S/o Lola R/o village Chunha, P.S. Jaso District Satna by way of compensation u/s 357 of Cr.P.C by the trial court. 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 nn