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Judgment
A.K. Shrivastava, J.—This revision application u/s 397/401 of Cr.P.C. has been filed by the applicants against the judgment of conviction and order of sentence dated 12.08.2013 passed by learned First Additional Sessions Judge, Shahdol dismissing the criminal appeal No. 19/2011 and thereby affirming the judgment of conviction and order of sentence dated 19/01/2011 passed by learned Chief Judicial Magistrate Shahdol in Criminal Case No. 1203/2009 convicting the applicants under Sections 147, 452, 323/149 and 342 of IPC and thereby sentencing them to suffer imprisonment as mentioned in the impugned judgment. No exhaustive statements of fact are required to be narrated for the purpose of disposal of this revision. I have gone through the statement of Ratan Kori (PW 2) and I find that after appreciating the evidence of this witness learned two Courts below did not commit any error in convicting the applicants under Sections 147, 452, 323/149 and 342 of IPC. Although the applicants have been directed to suffer different jail sentences, but, it has been further directed that all the sentences shall run concurrently. The maximum jail sentence is one year RI for offence punishable u/s 452 of IPC. The amount of fine Rs. 100/- has been imposed u/s 452 of IPC.
It has been then contended by learned counsel for applicants that the applicants have already suffered 2 months jail sentence out of total jail sentence of one year and this would be the appropriate punishment for the offence which they had committed.
Looking to the facts and circumstances of the case, the conviction of applicants under sections 147, 452, 323/149 and 342 of IPC is hereby affirmed, however, they are sentenced for the period they had already undergone with further stipulations that total amount of fine for all the offences is enhanced to Rs. 10,000/- in total, which shall be deposited by the applicants.. Let the aforesaid amount be deposited by the applicants in the Trial Court on or before 22.11.2013. Let the aforesaid entire amount of fine Rs. 10,000/- be paid to injured Ratan Kori, S/o. Gijju Kori, R/o. Village Katotiya, Police Station and District Shahdol who appeared as PW 2 in the Trial Court towards compensation u/s 357 Cr.P.C. Further it is made clear that in case the applicants fail to deposit the said amount on or before 22.11.2013, they shall further undergo jail sentence of six months. It is further made clear that till the amount of damages Rs. 10,000/- (in total) is deposited, the applicants shall not be released from the jail.
The Registrar (Judicial) of this Court is hereby directed to send the record posthaste to learned Trial Court so as to reach that Court much prior to 22.11.2013. Resultantly, this revision application succeeds in part. The impugned judgment of conviction of applicants under Sections 147, 452, 323/149 and 342 IPC passed by learned Trial Court, which has been affirmed by learned Appellate Court is hereby affirmed. However, their sentence is modified as indicated hereinabove.