SALIM ALI Vs. STATE OF U P

JUDGEMENT

(1.) SURYA Prasad, J. This is an appeal against the judgment and order pass ed by the then II Additional Sessions Judge, Moradabad dated 16-7-79 in Sessions Trial No. 428 of 1978 State v. Salim Ali convicting and sentenc ing the appellant under Sections 148 and 307 read with Section 149 I. P. C. to three years Rigorous Imprisonment and four years Rigorous Imprisonment respectively.

(2.) I have heard the learned Counsel for the parties and have gone through the evidence on record. The learned Counsel for the appellant has advanced his arguments on the point of sentence only and has urged that the sentence be reduced to that already undergone by the accused and that reason able sum of money be ordered to be paid by the appellant to each of the injured as compensation. He has placed reliance upon the case Kundan Singh-appellant v. State of Punjab respondent reported in AIR 1982 SC 62 wherein the Hon'ble Supreme Court has observed; "we are of the view that having regard to the facts and circumstances of the present case and particularly in view of the fact that P. W. 6 and P. W. 7 were in the courtyard of their house when the appellant fired gun shots and he could not, therefore, have intended to injure them, the conviction of the appellant under Section 307 I. P. C. was not justified. We think that the conviction of the appellant could be maintained only under Section 324 I. P. C. since P. W. 6 and P. W. 7 received simple injuries, we accordingly allow the appeal and alter the conviction of the appellant to one under Section 324 of the I. P. C. for causing simple injuries to P. W. 6 and P. W. 7 and since the appellant has already suffered imprisonment for about 16 months, we direct that the sentence imposed on the appellant be reduced to that already undergone by him and he may be set at liberty forthwith. "

(3.) ALTHOUGH the facts and circumstances of the present case are distin guishable from those of the case of Kundan Singh v. State of Punjab (supra) and the learned Additional Sessions Judge has already taken a lenient view, yet the interest of justice would be met if the appellant's conviction is maintain ed, if the sentence is reduced to that already undergone by him and if a sum of Rs. 5000 (Five Thousand) is paid by him to the injured Sant Lal and Ashok Kumar each as compensation.