>lt"' ^^m^S.^^ v^ :yjv1 CF0000058067 ^e:.^:^riBNfc| 9 .^^i31 ,ls!^II ^ ^ l'\-: •^TnTFrq^: .?TO^T : 3"^) ^T"Ttffn. : W" ^rr;:: ^-^^^^^ W^ST^T 3??tsrr 9>^nr__:, ^^:A994. 3?pT?TT^f:11': f! STTITT 5T?T ftTFIT ^?TST?r J^f 3 O ^Sf,;"; f^cTT?ft-: 5^-iT .^:^, S-TT^T : m'^r T!-P'^ 1a5fpn--.rT^s' ;sTiosoi, I c^:' ^^ .CT ^ .^......^^ •it^a.7^-""-^""." ^ :.^t..r- ^..M.-^ ^:^- ^" ••'.<• ,,v^M..^^. ^ ^-33rfT"t:Tr£rT: ?TT?T 507 "-TO^O-rqrO "f^' /^ g T'L'q g-^FT TTT7R, -/^" XTr^T ^l^ '•• ~"1.1^--:'1"^ 7 c?iST cffl- : ?Tsm cntH'ct-i-TT- •^2ooo:/-»ss^ ;:g3n~?.^^ i ~^f^T ?f' 5^ XF- '6 'B1~g' s?t-:'?r;3Fr 'r , - %1? ^ ' 3I'ft^-^nJfH-ETIIT.?74-S^I.2^1aT-.^SnTl ^» HIGH COURT OF CHHATTISGARH AT BILASPUR (Hon. Mr. Justice Pritinker Diwaker) Criminal Appeal No. 238 of 1994 APPELLANT RESPQNDENT VERSUS Bhagat Das State of Madhya Pradesh Shri D.N. Prajapati counsel for the appellant. Shri Neeraj Mehta PLfor respondent/State. CRIMINAL APPEAL UNDER SECTION 374 (2) OF THE CODE OF CRIM1NAL PROCEDURE. JUDGMENT (17.06.2010) This appeal is directed against the judgment and order dated 14.02.1994 passed by Additional Sessions Judge, Raigarh in Sessions Trial No. 127 of 1992 convicting the accused/appellant for the offence punishable under Section 307 IPC and sentencing him to undergo rigorous imprisonment for seven years and pay fine of Rs, 2000, in default of payment of fine to further undergo rigorous imprisonment for six months. 2. Case of the prosecution in brief is that on 19.03.1992 FIR Ex. P-1 was lodged by Faguram (PW-1) alleging that on that day at about 6.30 p.m. his son Namuram (PW-2) was assaulted by accused Bhagat Das and Chunu Das. Based on this FIR, investigation was done and the challan was filed on 15.05.1992 for the offences under sections 307 and 34 IPC. 3. So as to hold the accused persons guilty, prosecution has examined 12 witnesses in support of its case. Statements of the accused persons were also recorded under section 313 of the Code of Criminal Procedure in which they denied the charges levelled against them and pleaded their innocence and false implication in the case. 4. After hearing the parties the trial Court has convicted and sentenced the accused/appellant as mentioned above but acquitted the other accused ofthe charge levelled against him. 5. Heard counsel for the parties and perused the material available on record including the judgment impugned. ^ . -2-- 6 . Counsel for the accused/appellant submits that he is not pressing this appeal as far as it relates to conviction part of the impugned judgment and would confine his argument to the sentence part thereof only. He submits that the incident had taken place just opposite the house of the accused/appellant and in fact it was the victim who had first assaulted the accused/appellant as a result ofwhich he had sustained lacerated wound on his forehead. He submits that now the appellant is aged about 50 years and has already remained in jail for four months and 16 days, that relations between the victim and the appellant have again become cordial and therefore it would be in the interest of the justice if the sentence imposed on him is reduced to the period already undergone by him. To this, counsel for the State has serious objection. 7. In view ofabove, the appeal is partly allowed. Conviction part ofthe impugned judgment is maintained. Considering the fact that appellant is aged about 50 years and has already remained in jail. for four months and 16 days and that relations between the victim and the appellant have again become cordial, sentence jmposed on him is reduced to the period of one year from that ofseven years as imposed bythe Court below. However, the fine of Rs. 2000 imposed by the Court below is enhanced to Rs. 4000. The enhanced amount of Rs. 2000 shall be paid to the victim within a period of four months from the date of receipt of copy of this order. If the said amount is not paid to the victim within the stipulated period, the sentence awarded by the Court below' shall starid restored. 8. Appeal thus partly succeeds. Sd/- Pritinker Diwaker Judge . ^