Devram vs The State of Madhya Pradesh

J.K. Maheshwari

This appeal u/s 374 of the Code of Criminal Procedure has been filed against the judgment dated 31.07.1998 passed by Special Judge, Mandleshwar in Sessions Trial No. 346/1996, directing conviction of the appellant u/s 324 of the Indian Penal Code and sentencing him to undergo two years rigorous imprisonment with fine of Rs. 3,000/-. As per the prosecution story, on 21.06.1996 at about 10.00 AM, when Pyaru s/o Tulsiram Deshwali was going along with Ramesh to the field of Ramesh, then near Badigaon accused persons, forming an unlawful assembly, stopped their way and started abusing them. Accused persons assaulted the appellant with bow and arrow. However, offence under Sections 307/ 147/ 148/ 149/ 341 of the Indian Penal Code was registered by the Police and the challan was filed in the Court. Thereafter the case was committed to the competent Court of Sessions, where they were tried for the charges under Sections 147 and 307/ 149 of the Indian Penal Code. After facing the trial, all the accused persons have been acquitted by the trial Court except the appellant Devram.

Learned counsel appearing on behalf of the appellant, considering the evidence brought on record by the prosecution, has not contested the appeal on merits, but it is merely submitted by him that out of two years'' sentence, the appellant has already suffered 26 days sentence for the offence u/s 324 of the Indian Penal Code; however, learned counsel appearing on behalf of the appellant submitted that by reducing the jail sentence already undergone by the appellant, the appeal may be disposed of.

Learned Panel Lawyer appearing on behalf of the respondent/State opposed the prayer and contested that looking to the evidence brought on record, the conviction has rightly been recorded and the sentence has rightly been directed by the trial Court.

However, after hearing learned counsel for the parties and perusal of the record, it is apparent that the incident had taken place in June, 1996 i.e. before more than sixteen years. It was a cross case registered against the complainant as well as accused persons. The appellant has also received injury in the incident. After trial and releasing on bail, the appellant is living his normal life and no criminal antecedents have been reported against the appellant. In the circumstances, looking to the nature of the offence, by maintaining the findings of conviction against the appellant u/s 324 of the Indian Penal Code, the jail sentence already undergone by the appellant would be sufficient to meet the ends of justice, subject to enhancement of fine and compensation amount payable to the victim, which is quantified to Rs. 5,000/- (rupees five thousand).

Accordingly, the appeal filed by the appellant stands allowed in part. The conviction of the appellant u/s 324 of the Indian Penal Code is hereby maintained. The sentence already undergone by the appellant would be sufficient to meet the ends of justice, subject to enhancement of fine amount of Rs. 4,000/- (rupees four thousand) plus amount of compensation of Rs. 1,000/- (rupees one thousand), making a total amount of Rs. 5,000/- (rupees five thousand). The said amount shall be deposited by the appellant within a period of one month from today. It is made clear here that if the aforesaid amount of Rs. 5,000/- would not be deposited by the appellant within the time so specified, then the appellant shall suffer the jail sentence so awarded by the trial Court. This criminal appeal stands disposed of accordingly with the aforesaid modification.