Shivkumar @APPELLANT@Hash State of Chhattisgarh

Under Section,Sentence,Fine

147, IPC",RI for six months,---

148, IPC",RI for six months,---

324/149, IPC",RI for one year,---

P.W. 1 sheshnarayan, P.W. 2 Gariba Verma, P.W. 3 Smt. Mankunwar, p.w. 4 Mathura Bai, P.W. 7 Jhadi Ram and disbelieves aforesaid statement",,

of D.W. 1 Visheshar Kewat.,,

Looking to the above mentioned facts and circumstance of the case this Court finds that prosecution has succeeded to prove beyond reasonable,,

doubt the charges punishable under Sections 147, 148, 324/149 of the IPC against the appellants No. 1 to 6, 8 and 9. Thus, the conviction of the",,

appellants No. 1 to 6, 8 and 9 under Section 147, 148, 324/149 of the IPC is affirmed.",,

At the time of the incident, no minimum imprisonment was provided for the offences punishable under Sections 147, 148, 324 of the IPC. The",,

appellants Shiv Kumar, Dhanesh, Hanuman, Dayalu have remained in jail from 19-11-2001 to 6-12-2001, appellants Chaiti Bai, Raimun Bai, Motin Bai",,

have remained in jail from 19-11-2001 to 22-11-2001, appellant Jageshwar has remained in jail from 18-11-2001 to 6-12-2001. About 17 years have",,

passed after the incident. At the time of incident, appellants Shiv Kumar, Dhanesh, Hanuman, Dayalu, Chaiti Bai, Raimun Bai, Motin Bai, Jageshwar",,

were aged 27, 50, 29, 34, 44, 29, 44, 23 years respectively. Now they are aged about 44, 67, 46, 51, 61, 46, 61, 40 years old. Now they are in",,

mainstream of society. Sending them to jail would disturb them as well as their family members' life. Hence, no useful purpose would be served if they",,

are sent to jail after 17 years of the incident. Looking to these circumstances and observation made by Hon'ble Supreme Court in the matter of,,

Manjappa -v- State of Karnataka [(2007) 6 SCC 231] I am of the opinion that cause of justice would be sub-served, if RI of 6 months, 6 months, 1",,

year are reduced to the sentence for the period already undergone by them, and some fine sentence may also be imposed.",,

The appeal is partly allowed. The sentences of appellants No. 1 to 6, 8 and 9 to undergo RI of 6 months, 6 months, 1 year under Section 147, 148,",,

324/149, IPC respectively are reduced to the sentence for the period already undergone by them. In addition to the above jail sentences, they are also",,

sentenced to pay fine of Rs. 2,500/- (Rupees two thousand five hundred only), Rs. 2,500/- (Rupees two thousand five hundred only) and Rs. 15,000/-",,

(Rupees fifteen thousand only) for offences under Sections 147, 148 and 324/149 of the IPC respectively. In default of payment of fine, they shall",,

further undergo additional RI for 3 months, 3 months and 6 months respectively. Out of the total fine amount, 25,000/- (rupees twenty five thousand",,

only) be given to complainant Gariba as compensation, Rs. 25,000/- (rupees twenty five thousand only) be given to complainant Smt. Mathura Bai as",,

compensation and Rs. 35,000/- (rupees thirty five thousand only) be given to complainant Smt. Mankunwar as compensation.",,

The appellants No. 1 to 6, 8 and 9 are granted three months' time from the date of receipt of certified copy of this order for depositing the fine",,

amount.,,

The appellants No. 1 to 6, 8 and 9 are reported to be on bail. their bail bonds stand cancelled subject to the provisions of Section 437-A, Cr.P.C.",,