1 Cr.R. No.1748/2009 HIGH COURT OF MADHYA PRADESH : JABALPUR BEFORE : TARUN KUMAR KAUSHAL, J. CRIMINAL REVISION NO. 1748 OF 2009 APPLICANTS: 1. Ramanuj, S/o Lalan Prasad Bagri, aged about 45 years, 2. Pappu @ Shailendra, S/o Ramcharan Bagri, aged about 21 years, Both R/o Village-Bhitari, Tahsil-Nagod, District- Satna (M.P.) Versus RESPONDENT: State of Madhya Pradesh ****************************************************************** For Applicants : Shri Arubendra Singh, Advocate. For Respondent : Shri Vivek Lakhera, Panel Lawyer ****************************************************************** Date of hearing: 13/12/2011 Date of judgment: /12/2011 J U D G M E N T /12/2011 This revision has been preferrred against the judgment dated 29/09/2009 passed by the Additional Sessions Judge, Nagod in Criminal Appeal no. 14/2008 convicting the applicants under section 325/34 IPC and sentenced to 3 months R.I and fine of Rs.500/- by confirming the judgment dated 05/01/2008 passed by JMFC Nagod in Criminal Case no. 855/2003. Facts of the case in short are that on 02/07/2003 at about 18.15 pm while Kamta Prasad Singh (PW-6) was coming back to his house after answering the call of nature, he was accosted by the applicants and was assaulted by axe and farsa. Kamta Prasad Singh (PW-6) sustained as many as 6 injuries on his head, hands, and legs. PW-6 2 Cr.R. No.1748/2009 lodged FIR Ex.P-3 at police station Nagod. A case at crime no. 333/2003 was registered against the applicants under section 294, 506B, 326, 323 IPC. PW-6 was sent for his medical examination to Community Health Centre, Nagod. His MLC report is Ex.P-2. Vide X-ray report Ex.P-3, there had been a fracture on his left hand. Completing investigation police Nagod submitted charge sheet against the applicants. Trial court framed charges under section 452, 294, 506B, 324, 326 IPC. Applicants abjured guilt. Defence of applicants was that of false implication on account of enmity. To substantiate case of the prosecution statements of Gaya Prasad (PW-1), Keshav Prasad (PW-2), Mohanlal (PW-3), Meera Bai Vishwakarma (PW-4), Dr. K.B. Mishra (PW-5), and Kamta Prasad Singh injured (PW-6) were recorded. Appreciating aforesaid evidence, trial court convicted the applicants as above. Aforesaid judgment of conviction and sentence was assailed by the applicants in the appeal. Vide impugned order appllate court partly allowed the appeal and sentence of 1 year R.I as awarded by trial court was reduced to 3 months R.I. At this stage learned counsel for the applicants fairly concedes that being findings of facts of courts below there is hardly any scope in respect of conviction of the applicants. But sentence is harsh. In so far as sentence of applicant no.1 Ramanuj is concerned as against three months jail sentence, he has already suffered about 2 ½ months. Similarly applicant no.2 Pappu @ Shailendra also suffered custody of about 7 days after judgment of appellate court was passed. In view of the number and nature of injuries, total facts and circumstances of the case, no useful purpose would be served by sending applicants back to jail for serving out remaining jail sentence. Period of undergone jail custody pending investigation, trial and appeal as mentioned above seems to be just, proper and sufficient, however, sentence of fine requires to be enhanced. For an offence under section 325 IPC applicants are sentenced to jail sentence of period already undergone by applicant no.1 Ramanuj of 2 ½ months and by applicant no.2 Pappu @ Shailendra of about a week. However, sentence of fine is enhanced from Rs.500/- to 3 Cr.R. No.1748/2009 Rs.1500/-. In default of payment of fine applicants shall undergo simple imprisonment of 15 days. Revision is accordingly allowed and disposed of. Conviction of applicants under section 325/34 is affirmed and sentence is reduced and modified as above. Applicants are directed to remain present before the trial court on or before 31st January, 2012 for deposit of balance fine amount or to undergo default sentence as the case may be. (Tarun Kumar Kaushal) Judge tarun