1 Cr.A. No. 218/1998 HIGH COURT OF MADHYA PRADESH: JABALPUR SINGLE BENCH: HON. SHRI JUSTICE A.K. SHRIVASTAVA CRIMINAL APPEAL NO. 218/1998 ......... Appellants : 1. Dadan Pao Son of Shri Mahadeo Pao, aged about 45 years. 2. Ramlal, Son of Shri Dadan Pao, aged about 22 years, 3. Ramdas Son of Shri Loknath Pao, aged about 24 years, All R/o Village Singhli, Police Station Budhar, District Shahdol. Versus ........ Respondent : State of M.P. through Police Station Budhar, District Shahdol (M.P.) ................................................................................................ Appellants - Shri D.N. Shukla, Advocate Respondent/State - Shri Yadvendra Dwivedi, Public Prosecutor ............................................................................................... J U D G M E N T (05/05/2011) 1. This is an appeal by the accused persons convicting them for the offence punishable under Section 325 IPC and thereby sentencing them to suffer R.I. for 3 years each and 2 Cr.A. No. 218/1998 fine of Rs. 1000/- each; in default further R.I. for three months. 2. No exhaustive statements of fact are required to be narrated for the purpose of disposal of this appeal since learned counsel for the accused submits that only on the question of quantum of sentence they are pressing this appeal. 3. The appellants have been convicted under Sections 325 IPC and have been sentenced to suffer R.I. for three years each and fine of Rs. 1000/- each; in default further R.I. for three months each. On going through the record this Court finds that appellants have already suffered jail sentence of 47 days. 4. Looking to the facts and circumstances they are released for the period they have already undergone, however, the fine amount is enhanced to Rs. 2000/- each which shall be deposited by the appellants on or before 31.10.2011, failing which they shall undergo the sentence as awarded by the Trial Court. 5. However, let the amount of fine be paid to the complainant Surendra Singh towards compensation under 3 Cr.A. No. 218/1998 Section 357 of the Cr.P.C. The Trial Court is hereby directed to disburse the amount of compensation to the complainant Surendra Singh, S/o Shri Maniram, r/o Gram Singhli, Thana Budhar, District Shahdol. 6. The appeal of appellants is hereby allowed in part. The conviction under Section 325 IPC is hereby affirmed, however, the amount of fine is hereby enhanced from Rs.1000/- to Rs.2000/- which shall be deposited by the appellants on or before 31.10.2011. Their bail bonds shall discharge only after deposition of the amount of fine in the Trial Court on or before 31.10.2011 failing which the learned Trial Court shall send them to jail to suffer the remaining part of the sentence. 7. The appellants are hereby directed to appear before the learned Trial Court on 31.08.2011 and in case on that date they fail to deposit the amount of fine, the learned Trial Court shall give another date for their appearance which shall be prior to the ceiling date. It is, however, made clear that in case appellants fail to deposit the fine amount the learned Trial Court shall issue notice to their sureties and may proceed against them in accordance with law. 4 Cr.A. No. 218/1998 However, in case appellants deposit the amount of fine on or before the stipulated date 31.10.2011, their bail bonds shall stand discharged. 8. This appeal is accordingly allowed in part to the extent indicated herein-above. (A.K. SHRIVASTAVA) JUDGE rao 5 Cr.A. No. 218/1998 Criminal Appeal No. 218/1998 05.05.2011 Shri D.N. Shukla, learned counsel for the appellants. Shri Yadvendra Dwivedi, learned Public Prosecutor for respondent/State. They are heard. Judgment dictated. Signed and dated separately. (A.K. SHRIVASTAVA) JUDGE rao 6 Cr.A. No. 218/1998