Somnath Choudhary vs State of Madhya Pradesh

Hon. Shri N.K. Gupta, J.—The applicant was convicted for the offence punishable u/s 326 of IPC vide judgment dated 9.12.2011 passed by the CJM Narsinghpur in Criminal Case No. 2530/2006 and sentenced with rigorous imprisonment of three years with fine of Rs. 1,000/-. In Criminal Appeal No. 5/2012 the learned Additional Judge to the First Additional Sessions Judge, Narsinghpur vide judgment dated 11.10.2012 dismissed the appeal. Being aggrieved with both the judgments, the applicant has filed the present revision. The prosecution case, in short, is that on 10.9.2006 at about 10:10 AM the complainant Bharat Singh (PW-3) went to his field situated at Village Nauni to reap the crop of soyabean. Thereafter a quarrel took place between the victim and the applicant. The applicant assaulted him by a dagger causing him visible injury on his nose. The victim was sent for his medico legal examination etc. and it was found that fracture was caused on his nose.

The applicant abjured his guilt. He took a specific plea that he was assaulted by the victim, and therefore due to anger he assaulted him in a sudden and grave provocation. He had also lodged an FIR to the Police Station AJK Narsinghpur. To prove the FIR, ASI Lakhanlal (DW-1) was examined. Similarly, Dr. Rajesh Singhai (DW-2) was examined to prove the injury caused to the applicant.

The learned Chief Judicial Magistrate, Narsinghpur after considering the evidence adduced by the parties convicted and sentenced the applicant as mentioned above and the appeal filed by the applicant was also dismissed the learned First Additional Sessions Judge, Narsinghpur.

After considering the submissions made by the learned counsel for the parties and looking to the facts and circumstances of the case, a concurrent finding is available on the record given by both the courts below relating to the merits of the case. Nothing could be shown by the learned counsel for the applicant by which any interference can be done by this Court in the conviction recorded by both the Courts below.

So far as the sentence is concerned, it is apparent that the applicant is an old person, who assaulted the victim only for once. He remained in the custody approximately for four months. Under such circumstances, it would be proper that the jail sentence of the applicant may be reduced, which he has already undergone in the custody by enhancing the fine amount.

On the basis of the aforesaid discussion, the present revision filed by the applicant is partly allowed. The conviction directed by both the Courts below for commission of offence punishable u/s 326 of IPC against the applicant is hereby maintained, but sentence inflicted upon him is reduced to the period which he has undergone in the custody by enhancing the fine amount of Rs. 1,000/- to Rs. 5,000/-. In default of payment of fine, six months'' RI in addition. If fine is deposited, then a sum of Rs. 4,000/- be provided to the victim Bharat Singh Rajput S/o Churaman Singh R/o Village Nauni, Police Station Gotegaon District Narsinghpur, by way of compensation.

The Registry is directed to issue a super-session warrant so that applicant may be released, if he deposits the remaining fine amount. A copy of this order be sent to the trial Court as well as appellate Court along with their records for information and compliance.