“HWJFgtmm‘mm z 1N THE HIGH COURT OF IVTADHYA PRADESH AT JAPALPUR CR.A.N0. ELS o£ 96 WMM$ ‘kWg APE‘EAL UNDER SECTION 5'74 OF TE‘E CODE OF CRIMINAL PROCEDUgij convic“cion for offence u/fg 524 W of Jche Indian Penal Code . , / ML- O ;xksgcv’f’rjég d’ “ ”l, tw / gentence fine oi/Rs. of 2000 1 year OO f? I and -.:‘.,.n__g~ Mw‘, w gé\ c r fafg " W ‘ ‘ Pdi LAW g Abdul Aziz son of $.K.;suleman , agedn about ”58 years, R/o Takiyapara, Burg , Presemly residing at New— Market , BacheJJ , Rg PMS” Bacheli, Distt. Basia? ( 34.13.) o g Eggug Thrgugh gkgggE-QEE‘E ; gta‘te of M0130 9 Pu‘S. " Distr', Bastar ( Mix )‘ . HIGH COURT OF CHEATTISGARH AT BILASPUR B HON’BLE MK JUSTICE PRITINKER DIWAKER W cmmo. 291199 ‘ APPELLANT Abdul Aziz Val‘SuS RESPONDENT Sfam of M. P. :V‘ hm Adxfva Txwan cmmsel for the appejlant Shn Valbhav Goverdhan, P L fox the State APPEAL UIE 3,7412} OF THE CRIMINAL PRGCEDURE CODE JUDGMENT 120.04.2011) The present appeal arises out 0f the judgment 8r. order dated 13.11.95 passed by the Additional Sessions Judge, Béstar at Jagdalpur in ST. No. 5/93 convicting the accused] appeliant for the onence punishabie under Section 324 IPC and sentencing him t0 undergo rigorous imprisonment for (me year and tine of Rs. 2000, in default of nne to further undergo R1 for Six mouths ‘2. Brief facts of the case are that on 17.9.92? FIR EXP]? was lodged by Balram Krishna Shanna {PAM-2} aileging that he is (i i working as Conuactor at NMDC Bacheli and on$haf day at about o. 1 12.15 pm. when he was sitting in his neighbour’s house) accused] appellant went to his house and enquired about him and when he couid not get the complainant he hurled abuses. 1t is further aileged that when the complainant came to know about the same he asked the complainant as to why he was hurling abuses at that pomt w of time. accused appellant stabbed mm on his chest stomach and other parts of the body. Based on this FIR oh‘ence unsier Section 3G7 IPC was registexed against the accused] appellant. After investigationy challan was med on l6. 10.92 under Section 307 WC. 3. So as to prove the guilt of the accused/appellant, the ’I‘Wo defence Witnesses have prosecution has examined 6 Witnesses. aiso been gxammed. Statement of the accused/appcllant wa$ also recionied under Section 313 of the Cr,P.C. in. which he dpnied the chérges levellexi against him and. pleaded his innocence and false implican'on in the case. J ‘ 4. After hearing oounscl for the parties, the trial Court has acduittcd the accused] appellant of the charge under Section 30? 0f mé 1mm Penal Code but has éonvicted him under Section 324 Ipc and sentenced him as mentioned above. Hence this appeal. V s 5. Oontentioh of Shri Tiwan', counsel for the appellant is that he is not pressing this appeal so far as it relates to conviction pari of the judgment impugned 311d would confine his argument to the sentence part of the same only. He submits that the incident had taken place in the year 1992 i.e. about 18 years back and now the appellant is aged about 53 years of age, having family responsmility and that he has remained in jail for about 49 days, no useful purpoee would be served in again sending him back to jail. He however submits that the appellant is Willing to compensate the victim by paying him adequate compensation. 6. On the other hand, State counsel submits that the injuries sustained by the complainant were grievous in nature and that too on the vital pan of his body and therefore no leniency be shown to the appellant. 7. Considering the facts and circumstances of the case, the conviction part of the impugned judgment is maintained. However looking to the fact that the incident had taken place about 18 years back the appellant has aheady remained in jail for about 49 days, the c; appellant is now aged abcut 53 years, this Court is of the view that it would be in the interest of justice if the jail sentence imposed on the accused] appellant is reduced to the period already undeigone by him l subject to enhancing the hne amount. 8. Acconlingly, the appeal is partly allowed. Jail sentence imposed on the accusedlanpellant is hereby reduced to the petiod alreadv / 6/17 undkrgone by him. Howcver, in the interast of justice, the my: of Rs. 2,0(E)0 imposcd by the tial Court is enhanced to Rs. 12,009. Out of this: amount of Rs. 12,000, Rs.10,000 be given to the victim as conipensation under Section 357 of the Cr.P.C. Appellant is d‘imcmd to éeposit the additional amount of Rs. 10,000 before tho Court , below Within a period of eix months from the date of receipt of copy of thls onier and 1f thJs amount 1s not depos1ted Wlthm the sald penod the appenant shall undergo ngomuq mpnoonment of mx months u; a