1 Cri. A. No.1658/2001 HIGH COURT OF MADHYA PRADESH : JABALPUR S.B. : HON'BLE SHRI JUSTICE S.C. SINHO Criminal Appeal No. 1658/2001 Munnalal s/o. Pyarelal Kole & 2 Others. -Vs.- The State of Madhya Pradesh Counsel for the Appellants : Shri Rajeev Badkul, Advocate Counsel for the resp./State : Shri R.K. Kesharwani, Panel Lawyer. J U D G E M E N T (13.12.2011) This appeal has been filed under section 374 (2) of Cr.P.C. being aggrieved by judgment of conviction and order of sentence dated 11.9.2001 passed in S.T. No.259/2000 by learned Second Additional Sessions Judge, Katni whereby convicted appellants u/s. 323/34 of IPC and sentenced to undergo rigorous imprisonment for 6 months and fine of Rs.500/-, in default R.I. for 2 months. 2. Prosecution case in short is that on on 5.6.1999 when complainant Pradeep Datt (PW-5) was standing near the Sunder Hotel, appellant have called him and asked for the labour charge and used abusive language with the complainant and caused injury by wooden plank (patia) .Injured was referred to PHC, Civil Hospital, Katni where Dr. J.S.K. Sharma (PW-1) examined him and found simple injury as per Ex. P/1 A MLC report. After due investigation charge- sheet was filed u/s. 307, 294 and 506-B of IPC. 2 Cri. A. No.1658/2001 3. As before this court the concurrent finding of conviction of the appellants u/s. 323/34 of IPC is not challenged, hence, the aforesaid findings are hereby affirmed. 4. At the trial complainant Pradeepa Datta (PW-5) fully supported the case and Dr. J.S.K. Sharma (PW-1), Vikram Singh (PW-2), Shankar Sahu (PW-3) also corroborated the incident. Dr. J.S.K. Sharma, Assistant Surgeon, Katni Hospital examined complainant and found fresh injuries as per MLC report Ex. P/1. No previous criminal conduct of the appellants has been proved by the prosecution. No fruitful purpose will be served by sending them for short term of sentence in jail. 5. Resultantly, the appeal is allowed in part. The conviction of the appellants Munnalal, Manoj and Suresh u/ s. 323/34 of IPC is hereby affirmed but the sentence of R.I. for 6 months as awarded by the court below is hereby quashed and instead thereof, the appellants are imposed with fine of Rs.1000/- each u/s.323/34 of IPC. The fine amount so imposed be deposited within a period of 3 months, in default of payment of fine R.I. for 2 months. 6. Out of the released fine amount Rs. 1,500/- be paid to injured Pradeep Datta, R/o. N.K.J. Katni, Thana Madhav Nagar, District-Katni. 7. With the aforesaid directions and modifications in the sentence, appeal stands disposed of. A copy of this order be sent to the trial court for information and compliance. (S.C. Sinho) Judge RC 3 Cri. A. No.1658/2001