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Judgment
M.A. Siddiqui, J.—This is an appeal preferred by the Appellants feeling aggrieved against the judgment dated 30/06/1995, delivered by the then II Ird Addl. Sessions Judge, Satna in Sessions Trial No. 57/89 in which each Appellanthas been convicted u/s 323/149 IPC for three months'' R.I.and fine of Rs. 100/-each,in default of payment of fine Appellants toundergo further S.I.for fifteen days, underSection 324 and 325 read with Section 149 IPC for three years'' R.I. and fine of Rs. 300/-each,in default of payment of fine Appellants tofurther undergo S.I. for three months, andunder Sections 148/149 IPC Appellants have beenconvicted and sentenced for three months''R.I.and fine of Rs. 100/-each, in default ofpayment of fine Appellants to further undergo S.I. for fifteen days.
In nut shell the prosecution story is thatfirst information report was lodged at PS-Nagod, District-Satna on the night between 28-29th of August,1988 by Barelal (PW.4) allegingthat when he was sleeping in his house wherehis wife Krishna (PW.5), his son Bhanu (PW.7)and Smt. Maya wife of Bhanu (PW.8) were alsosleeping, Shankar (DW.1) and Kanhaiya (DW.2)were also present in the house, at about 1 A Mthe accused persons suddenly appeared havingarms and assaulted Bhanu (PW.7) and Krishna(PW.5) with Farsa and Lathis. On theintervention of Shankar (DW.1) and Kanhaiya (DW.2) the accused persons fled away. Bhanuand Krishna were examined by Dr. R.B. Patel(PW.2). However, Bhanu (PW.7) went through anXray. Dr. B.G. Hinduja (PW.1) found simplefracture in the radius/ulna of his left arm. Onthe report, police registered case against allsix Appellants and in the registration caseunder Section 459 IPC was found, so challan wasfiled before the Judicial Magistrate Ist Class-Nagod, where Criminal Case 674/1988 wasregistered and as case u/s 459 IPC was exclusively triable by the Court ofSessions so case was committed to the SessionsCourt and the case was transferred to II IrdAddl. Sessions Judge, Satna by the SessionsCourt on 3.1.1991, charges under Sections 148, 323 read with Section 149 and Section 459 read with Section 149 IPC were framed.
Trial Court, after trial acquitted theaccused persons from the charges u/s 459 read with Section 149 IPC, but punishedthem as aforesaid.
Undisputedly, all six Appellants filed theappeal, but during the course of pendency ofappeal, two Appellants, namely, Ajay Son of Barelal Yadav and Santosh Yadav Son of GunnooYadav died. Against them, this appeal has beenabated.
Learned Counsel for Appellants has notchallenged the conviction. He has onlysubmitted that sentence is excessive. He hassubmitted that the incident is of the year 1988and this appeal was filed in the year 1995,more than 20 years have lapsed from the date ofincident, accused persons have alreadyundergone two days imprisonment ,main accused-Appellants Ajay and Santosh are dead so lenientview be taken and their jail sentence bequashed. Appellants have suffered mental agonyand financial loss substantially. Counsel hasplaced reliance on a decision of the Apex Courtin Manjappa v. State of Karnataka (2007) 3 SCC 76 in which Apex Court has imposed thesentence already undergone by the Appellant andhas raised the fine amount for the offenceunder Sections 323 and 325 IPC.
Even otherwise, on perusal of originalrecord of the trial Court, it is very muchclear that prosecution case was fully proved byB.J. Hinduja (PW.1), Dr. R.B. Patel (PW.2), Munna (PW.3), Barelal (PW.4), Krishna (PW.5), SrikantDwivedi (PW.6), Bhanu (PW.7), Maya (PW.8),Snehi (PW.9), Dinkar Prasad Tiwari (PW.10) andPhul Singh Tekam (PW.11) against all theAppellants. But as more than 20 years havealready been passed and Appellants have alreadysuffered two days imprisonment, I find that itwould not be proper to send them back to jail. Alleged offence u/s 323/149 IPC ispunishable with fine only, I enhance the fineamount imposed u/s 323/149 IPC fromRs.100/-to Rs. 300/-on each of the Appellant. As far as offences punishable under Sections 324, 325 read with Section 149 IPC areconcerned, fine of Rs. 300/-imposed by thetrial Court on each of the Appellant is onlower side,it is enhanced from Rs. 300/-toRs.1300/-on each of the Appellant. u/s 148, 149 IPC the fine of Rs. 100/-isenhanced to Rs. 400/-on each of the Appellant. So each Appellant will have to depositRs.1,500/-extra as fine amount. In case theAppellants do not deposit the fine amount, theyhave to undergo R.I. for three months. If thefine amount is deposited by the Appellants, then Rs. 2,000/-will be given to Krishna andRs.1,000/-will be given to other injured Bhanuas compensation u/s 357 Code of Criminal Procedure TheAppellants are on bail, their bail bonds areordered to be discharged on the condition thatthey should deposit the enhanced fine amount.
The appeal is allowed in part to the aforesaid extent.