ApDeiiant Respondent HiSH COURT OF CHHATTiSeARH AT BiLASPUR Crimina! Aooeai No.128 of 18SO Siyam&ar Prasad S/o Niranjanram Vishwakarms, aged 24 yeas-s, R/o Dhundhra Chandarpur, Poiice Station Surajpur, DistrteS Surguja (M.P.) (Now C.G.) Versus Sfate of Madhya Pradssh (Nov/ Chhattisgarh) through PoHce Station Surajpur, District Surguja (M.P.) (Now C.G.) (Crimina! appeai under Ssciion 374(2) orCr.P.C.) (SB: Hon'ble Mr. T.P. Sharma,J.) Presenf:- Mr.Mi.D.Dhote& Mr.B.P.Gupta, counseSforths appeitant. Mr.Rakesh KumarJha, Dy.Govf.Advocate forthe State. ORAL JUbeMENT (Passed on 30th Juiy, 2010) 1. Chaliengs in this appeal is to the jucigment of convict'on & ordsr of sentenc^ dated 21.12.89 passeci by ths Additionai Sessions Judge, Baikunihpur, Camp Surajpyr, in Sessions Triai No. 138/86, whsreby & whersunder iearnsd Additionai Ssssions Judge after hoiding the appeiiant guHty for the offsncs punishabie undsr Sections 323 & 325 of She indian Pena! Code sentenced him to undergo rigorous imprisonment for thrse months and rigorous imprisonment for two yesrs & to pay fine of Rs.500/-, in defauit of payment of fine fo further undergo rigorous imprisonment ror six months. 2. Conviction is impugned on ths ground that without there bsing any iota of evidence, the triai Court has convicted & sentenced the appeilant asi aforen-sentloned and thereby committed lliegaJify. 3. As per the cass of the prosecution, on 30.12.84 the sppsiiani assauitslj Surjan (PW-1) and Amrutram (R/V-2) and caused grievous "mjury tp Amrutram over his parietai bone comprising dspress fracture. F.i.R. wss lodged. Matter was investigated. Finaiiy charge shsst was filed underi Section 307 of ths indian Psnai Code. After affording opportunity of hsaring tothe parties, isarned Addiiionai Sessions Judge, iVlansndrsgarh convicted & ssntsncsdthe appsiiant as aforemsntionea. i •^ IL< '-f Bl'- 4. ! have hsard iearnsd counsei for the parties, perussd ths judgment impugned snd recorct ofthetrisi Court. 5. learned counsel for the appeiisnt frankly admits that in the iight of evidsnce adduced on behatf of the prosecution, hs is not disputing the conviction of the appeilant, but prays for Isnisnt visw in sentencing the appeiiant on the. ground that the present appeliant is fadng triai since 1985 and has compieted more than 25 years. He was In cusiody smce 13.1.85 to 11.2.85 i.e. for more Shan 23 days. Again senaing the appeilant io jaii to sen/e rsmainmg sentsnce wouid not sen/e any usefu! purpose and enhancement of fins v.'ouid meet the ends ofjustice. 6. On ihe other hand, iesrned Siate counsei supported ths judgment smpugned. 7. in ths present case, evidence adduced on behaif of She prosecution is sufficient for dravving inference ihat the present appeiisnt has commttted the . offence cunishable under Sections 323 & 325 of ths indiari Penai Code. 8. As regards ths question of sentsnce, as per ewdence of the prosscutiQn, bofh ths parties are relatives and on account of dispute, the appellant has caused injury to his reiatives. 9. Considering the mltigating circumstances and the fact ihat the present appellant is facing trial since 1985, again ssndiRg hlm to jaii to serve remaining sentence would not be proper and by enhancing the fine amount, the sppsiiant can be sdequateiy punished. lO.Consequentiy, the appsal is partiy allowed. Conviction offhe appel'.ant under Sections 323 & 325 of the indian Psnai Code is hereby maintained but instead ofrigorous Imprisonment for thres months and rigorous imprisonment for t.vo years & fine of Rs.500/-, hs is sentenced to ths period aiready undergone by him i.e. for more than 23 daysand fine of Rs.1000/- undsr Section 323 of the Indian Pena! Code and Sne of Rs.2500/- under Section 325 ofthe indian Penal Code. Ths appeiiant has aireadydepositedihe fins ef Rs.500/-, if !t is so, he shaii deposit remaining amount of Rs.3000?- witKtn 30 days from today, faiiing whteh he shall undergo rigorous imprisonment for one monih under Section 323 of the indian Penai Code and rigor&us imprisonment for s;x months under Section 325 ofthe indlan Penal Code.