CRA/1666/2001 of BALWANT SINGH Vs THE STATE OF M.P. on 29 December 2023

JUDGMENT

The present appeal has been filed against the judgment of conviction dated 20.09.2001, whereby the present appellant has been convicted for offenceunder Section 324 of the I.P.C. and sentenced to undergo R.I. for six monthswith fine Rs.2000/-, with default stipulation.

2 . T he prosecution story in brief is that the incident occurred on21.04.1999 at about 10 pm in the night, when the appellant stopped thecomplainant and abused him relating to some Panchayat politics. He assaultedthe complainant with gupti.

3. The appellant was acquitted by the trial Court for offence under Sections 294 and 506 of the I.P.C., but convicted under Section 324 of theI.P.C. There was counter case also.

4. Upon perusal of deposition of Ajay Singh (PW/3), Mahendra (PW/4)and Krishna Bai (PW/5) and other witnesses finding of the trial Court seems tobe well reasoned and impeccable and I am unable to disturb the findings inappeal.

5. The sentence needs to be modified looking to the mitigatingcircumstances of the case. The appellant was 35 years of age at the time ofincident and today he must be almost 59 years of age. The appellant was on bailduring investigation and trial and he is on suspension of sentence during thependency of present appeal. There is nothing on record to suggest that he hasmisused the terms of bail during all these years. He has been facing investigationand trial and is also contesting the present appeal since last about 22 years.

6. Considering the aforesaid mitigating circumstances, I deem it fit toreduce the jail sentence for one day imprisonment with fine of Rs.7500/-. Heshall surrender before the trial Court himself and undergo one day imprisonmenttill rising of the Court.

7. Let the fine amount be paid within three months from today failingwhich sentence originally awarded by the trial Court would come into force andthe appellant will be taken into custody to serve out the remaining jail sentence.

8. Let record of the trial court be sent back along with copy of this orderfor information and necessary action. Bail bonds of the appellant be discharged.