Mohamad Hanif @ Munno Hussainmiya Shaikh vs State Of Gujarat

There was a quarrel between the appellant and two sons of the complainant who were also related to the appellant on 21st May, 1996. The appellant and the sons of the complainant were carrying on business of selling food articles. The appellant gave a blow on the head of Iqbalbhai with a stick and accused No.2­Gulamnabi caused an injury by knife to Safi Mohamad Sherumiya. Accused No.2 was convicted under Section 307 IPC and sentenced to imprisonment for a period of five years. The appellant was convicted under Section 325 IPC and sentenced to imprisonment for a period of two years.

In the appeal filed against the said conviction and sentence, the appellant argued only for reduction of the sentence to the period already undergone. No serious attempt was made leading to the case on merits to set aside the case on conviction ordered by the trial Court. The Appellate Court upheld the conviction but reduced the sentence to one year.

The incident occurred more than 22 years back. The parties are related and were spending their livelihood by selling food articles. The injuries that were caused by the appellant by a stick, though on the head of the victim, were simple in nature as per the medical report. The appellant has already undergone one and a half month's imprisonment.

Taking into account the facts and circumstances mentioned above, we are of the opinion that the sentence of one year imposed upon the appellant by the High Court should be converted to the sentence already undergone.

Accordingly, while upholding the conviction of the appellant under Section 325 IPC, we convert the sentence to the period already undergone.

The Appeal is allowed in the aforesaid terms.