^^ IB THS Hiai c.aaax os juBic&'Foas K£ JABALPUB..'' caiM.mai. ws&si. NO .\ s> y] /zooc CF0000062963 APPEAL UHEER SECTIGN -374 eGISE OS CR.IMmAl.P&OGEBURE APPSLI'ABS'S / «33JSEB" ^p ^" .•;-"•''' /' ^? Versus aESPONBBNT_ . *1.^> Pappualias Ajayktanar S/o Rajendra Kunar Sb.ukl.a Aged 25 years Caltivato.E', 2.^) sudda @ sanjay Sbukla s/o. Rajendra ^iukla Aged 28 years, eul.tivatoc, BoUi rssidai-fcs of village KcBihaEi P.S. Urla •Iah & 0isft< . .-^ B.aipuc M.P. s..,. , t ', - .-'•1-.,'\.. ... 2be State of Madhya PJfadesh 'airoa^i.Eol.tce of P.S. l?rla ,of O.Ls't't. Raipur. •sKaa, HI6H COURT OF CHHAmsSARH 4T Ss'rg'e Bersch : Hon'bte M.r. . _1587 Pappu @ Ajaykumor &. onother State of M.adhya Pradesh (Now ShriIndrasen Sahu, CQunselfor the appellants. Shri Vivek Sharma, Pahei Lawyer for the Stcte. CRIMINAL APPEAL UN&ER SECTION 374 OF THE CO&E OF (09.04.20105 Present appea! arises o'yt' of the impugned;: judgm< dated 8.6.2QOQ psssed by 5 Additiona! Sessions Judge, Raipjr in Sessions Trial No. 408/1999 Gonvicting the ( accused/appe!!ants for the. offen.ee punishable under Section 323 of the'Iridian Penal Code and sentencing each of them to undergo rigorous imprisonment for six months, and pay fine of Rs.500/-, in default of payment of fine to furt'her undergo rigorous imprisonment for one month. 2. Cose of the prosecution in brief is that on 24.4.3 F.I.R. (Ex.P-11) was iodged by Tarachand Sahu (PW-8) alleging in it that on that day at cbout 9.30 am when he wo-s measuring his land, four accused persons reached on the spot and had. assaulted hlm with the hetp of club and stone-s, as a re-sutt of wh.ich he sustained various injurie-s. After investigation, the police has fifed chalicm against the accused/appeilants for ths offences under Sections 307, 325/34, 294 and 506-part' II of Indian Penal Code against the four accused perspns namely .L.^ J;!* '"f^ "—^n3-:-^s~' Munna Shukia, Rajendra Kumar Shukla, Ajay Shukla and Sanjciv Shukla and al! these accused persons were tried for these offences by the tria! Court. 3. So as to ho!d to accused/appeilan+s guilty, prosecution has examined as many as 12 witnesses in suppor!' of its case. Stateme-nts of the accused/appellants were also recdrded under Sectior! 313 of the Code of Criminal Procedure in which they denied the chorges l$veiled against them and pleaded their innoeence and false implication in the co.se. Aport from this, witness nameiy Shrikant Sharma (DW-1) has also been examined by the defence in support- of its cose. 4. After hearing the po.rt'ie? the trial Court- has al! the accused/appeliants for the offences punishab!< Sections 307, 325/34, 294 cnd 506-B of the Indian Pena! Code accused/appellants for the offerice punishable under Section 323 of the Indian Pena! Code. Hsnce 5. Heard counse! for the part'ies and perused the materjat 6. Counse! for the appettants submits that that he is not pressing this appeal os far as it relates to conviction part of the impugned judgment and woutd confine hls o.r.gument to the sentence po.rt' thereof on!y. According to him, both the appellonts: are now middle aged persons, have the family responsibilities, incident is said to have taken place on '4.4.1999 i.e about 16 year®back, rejations between.the compiainemt and the accused/appellants haye agam become cordial and that the appellonts have ajready remained in jai for 03 days, no usefuj purpose wou!d be serye in sending them t6 jai! and it would be in the interest of justice if the se.ntence reduced to the period al that the appeiiants ore wi! paying adequste compensation to the sa. To this, counsel for the. State has no imposed on them is them. He submits I 7. In view of above, the appeal is partly allowed. Conviction part of the impugned judgment is malntained. AppeiloLnts we report'ed to have remained in Jail for about 3 days, the incident is said to have taken picce in 'the year 1994 i.e. about 16 year-s bo.ck, therefore, their sentence is reduced to the period already undergone by them. However, in !ieu thereof, the fine of Rs.500 imposed by the trig! Court is enhanced to Rs. 1,000 to each and in addition to this, appelionts wi!! pay compensation of Rs.5,000/- to the yictim Tarochand Ahuja. Appe!!ants are directed to deposlt this amourit before the court' below within a period of four months from the date of receipt of copy of this order and if this cmnount is not deposited within stipuiort'ed period, the appeliants sho.It undergo the rigorous impnsonment of four months. rnus po.my s; Sd/-- Pritinker Diwakar Judge