CRIMINAL APPEAL 39/07 on 27 June 2008

JUDGMENT

By the present appeal filed under Section 374(2) of the Code of CriminalProcedure, the appellants have challenged the judgment of conviction and orderof sentence dated 27.06.2008 passed by Special Judge (SC/ST), Mandla, inSpecial Case No.39/07 whereby the appellants have been convicted underSection 324 r/w 34 of the Indian Penal Code and sentenced to undergo 6months' R.I. each and fine of Rs.2,000/- each and in default, to further undergo 6 months' R.I. each.

2. The learned counsel for the appellants has submitted that theprosecution failed to prove the case beyond reasonable doubt. During trial, theappellants were in custody since 11.07.2007 to 13.07.2007. He prayed foracquittal of the appellants.

3. Per contra, the learned counsel appearing for the respondent/Statesupported the judgment and submitted that the prosecution has duly proved theincident and the learned Special Judge has rightly convicted the appellants underSection 324 r/w 34 of the Indian Penal Code.

4. After hearing the learned counsels for the parties and after perusal ofrecord, it appears that on 10.07.2007, Ramabai Choudhary lodged a reportagainst the present appellants at Police Station-AJK, District- Dindori, whichwas registered as Crime No.04/07 under Sections 294, 506 (Part-II), 324 r/w 34of the Indian Penal Code and Section 3(1)(x) of the Scheduled Castes &Scheduled Tribes (Prevention of Atrocities) Act, 1989 [hereinafter referred to as'the Act, 1989]. After investigation, the charge-sheet was filed against theappellants. The prosecution has examined 9 witnesses, whereas the defence hasexamined 2 witnesses in defence. The learned Special Judge, by judgment dated27.06.2008, acquitted the appellants from the charges punishable underSections 294, 506 (Part-II) of the Indian Penal Code and Section 3(1)(x) of theAct, 1989, however, convicted them under Section 324 r/w 34 of the IndianPenal Code and sentenced as stated hereinabove. The prosecution witnessPW/5- Ramabai, PW/3- Pankhi Bai, PW/8- Amrit Lal, PW/6- Shiv Kumarsupported the prosecution case and proved the incident as well as theinvolvement of the appellants in the commission of offence. PW/9- Dr. SohanLal explained the injuries sustained by Ramabai. The findings of the learned Special Judge in respect of conviction of the appellants under Section 324 r/w34 of the Indian Penal Code are based on due appreciation of evidence and donot require any interference by this Court. The judgment of conviction is herebyupheld.

5. However, looking to the facts that the incident is of the year 2007; theprosecution has not brought any past criminal antecedent of the appellants onrecord; no minimum sentence is prescribed under Section 324 of the IndianPenal Code; the appellants remained in custody since 11.07.2007 to 13.07.2007,I deem it proper to reduce the jail sentence of the appellants to the extent of theperiod already undergone by them, accordingly, the jail sentence is reduced.The fine amount is enhanced from Rs.2,000/- each to Rs.5,000/- each. Theappellants shall deposit the enhanced fine amount within a period of two monthsfrom today. The appellants are on bail, their personal bonds and bail bonds bedischarged. Accordingly, the appeal is partly allowed.

6. Record of the trial Court be sent back along with copy of the judgment.

Prachi

(VINAY SARAF)V. JUDGE