Sanju @ Sanjeev Barmaiya vs State of Madhya Pradesh

Hon''ble Justice Shri N.K. Gupta

The appellant has preferred this appeal against the judgment dated 28.08.2012 passed by the learned Sessions Judge, Seoni in ST. No. 26/2012 whereby the appellant was convicted for the offence punishable u/s 324 of I.P.C. and sentenced for one year''s rigorous imprisonment with fine of Rs. 1000/- and in default of payment of fine two months rigorous imprisonment was directed. The prosecution case in short is that the complainant Assu @ Ashok was a neighbour of the appellant adjacent to the house situated at Chaman Chowk, Kurai. On 18-10-11 at about 10:00 A.M. in the morning, the appellant was thrashing the common wall. The complainant objected and thereafter, the appellant assaulted him by an axe. Co-accused Gyani Barmaiya had also assaulted the appellant by a stick. The complainant Assu @ Ashok was taken to police station, Kurai where he has lodged an FIR. He was sent for Medico-legal examination. After due investigation, a charge-sheet was filed before the JMFC, Seoni who committed the case to the Sessions Judge, Seoni.

The appellant abjured his guilt. He did not take any specific plea in the case, hence, no evidence was adduced.

The Sessions Judge after considering the prosecution evidence acquitted the appellant for the offences punishable u/s 294, 506(B), and 307 read with Section 34 of IPC and convicted him for the offence punishable u/s 324 of IPC and sentenced as mentioned above.

I have heard the learned counsel for the parties.

After considering the submissions made by the learned counsel for the parties and looking to the facts and circumstances of the case, it is apparent that the appellant does not want to challenge the conviction directed against him but he prays for reduction of the sentence. As urged by the learned counsel for the appellant, it is true that the appellant was a first offender who caused two simple and superficial injuries to the victim. Both the parties are neighbors. The appellant remained in custody for 15 days during the trial and looking to the lesser gravity of offence, it is a case for which the sentence directed against the appellant can be reduced to the period which he has already undergone in the custody by enhancing some fine amount.

On the basis of the aforesaid discussion, the appeal filed by the appellant is hereby partly allowed. The conviction directed against the appellant for the offence punishable u/s 324 of IPC is hereby maintained but, jail sentence is reduced the period which he has already undergone in the custody by enhancing the fine amount from a sum of Rs. 1,000/- to a sum of Rs. 7,000/-. The appellant is directed to deposit the remaining fine amount within a period of two months from today failing which he shall undergo nine months rigorous imprisonment. If fine amount is deposited then, a sum of Rs. 4,000/- be given to the complainant Assu @ Ashok s/o Shyam Barmaiya R/o Chaman Chowk, Kurai District Seoni by way of compensation. The compensation granted by the trial court shall be adjusted in the sum of Rs. 4,000/-.

At present, the appellant is on bail and therefore, it is directed that his bail bond shall stand discharged. A copy of the judgment be sent to the trial Court along with its record for information and compliance.