CRA/1725/2011 of SHEIKH CHAND @ CHANDOO Vs THE STATE OF MADHYA PRADESH on 29 December 2023

ORDER

This appeal has been filed by the appellants being aggrieved by judgmentand decree passed by Second Additional Judge, District Mandla, inS.T.No.124/2009 dated 25.07.2011 by which the appellants have beenconvicted for the offence punishable under Section 325 (1 count) and for 323

(3 counts) and the appellant Sheikh Chand and Shaikh Shamshad has beensentenced to one year rigorous imprisonment and fine amount of Rs.1,000/- andTRC and fine amount of Rs.1000/- for each (count).

2. Basic charges under the appellants were that on 22.06.2008 at about02:00 p.m. Imtiyaz Ali standing and Prem Lal (PW/7) was plucking the mango(fruit) from the appellants' tree and that the appellant came and started abusingand assaulted the victim Imtiyaz with the Kulhari and Lathi, appellant Najiran Biassaulted the complainant with stones and that basis case was registered andafter the medical examination the challan was filed under Section 294, 307, 324& 323 of IPC.

3. Heard the learned counsel for the parties and perused the record,learned counsel for the appellants submits that the case is of the year 2008 and15 years have passed since than, the quarrel started over the plucking of theMango from the tree of the appellants the quarrel was all of a sudden, no crueltyhas been committed by the appellants. Hence, the jail sentence be reduced tothe period already under gone.

4. Learned counsel appearing for the respondent/State has argued theconviction is maintained and in reducing the jail sentence he has no objection.

5. Heard the parties, perused the record, in this case three persons wereinjured namely, Imtiyaz Ali, Shah Bi and Taz Bi only the injury of Imtiyaz Aliwas found grievous and the rest of the injuries to the victims were found simplein nature, looking to the facts and circumstances of the case, the appellantswere already in custody for 7 days, during the trial. No purpose would beserved by sending the appellant to the jail.

6. Hence, the jail sentence of Sheikh Samshad and Sheikh Chand @Chandu for the offence under Section 325/34 is reduced to the period already undergone, fine amount is enhanced from Rs.1,000/- to Rs.10,000/- each.

7. Thus, the enhanced amount for offence 325 the total amount shall bedeposited by the appellants Sheikh Samshad and Sheikh Chand @ Chandu Rs.20,000/- adjusting the previous deposited within three months from the date ofreceipt of copy of the judgment of this Court in default the appellants SheikhSamshad and Sheikh Chand @ Chandu shall undergo the simple imprisonmentfor four months is maintained. The conviction and sentence with the abovemodification are affirmed.

7. With the above modification the appeal partially allowed.

8. Record of the trial Court be sent back immediately along with a copy of this judgment for information and necessary action.

(DEVNARAYAN MISHRA)JUDGESN