SUBACHAN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The present appeal has been filed by Subachan and Lutawan against the judgment and order dated 30/10/1979 of Sri C.B. Jaiswal, Vth Additional Sessions Judge in S.T. No. 103 of 1976 convicting and sentencing the appellants to undergo R.I. for three months under Section 324/34 I.P.C. and to a fine of Rs. 250.00 each. In default of payment of fine further R.I. for 2 months each have been awarded.

(2.) According to the case of the prosecution on 22/4/1973 at about 6.30 P.M. Sudama and his brother Shanker had gone to their well for irrigation their fields. The wife of Subachan also went there to take water in a bucket. The informant and his brother asked her not to take the water. The appellants were also present there and they went to their house and brought spear and assaulted, Sudama and Shanker. Maklu etc. saved them. Sudama reached the police station and lodged a report at P.S. Chiray a kot at 8.30 P.M. A case was registered and the investigation ensued Shanker and Sudama were medically examined. They had one injury eachT Shanker had the following injury: 1. Punctured wound 1/2'1 X 1/2'1 x muscle deep on the left side chest at 8 O'clock 2 1/2'1 from the left nipple. Sudama had the following injury: Lacerated wound 2 cm. x 0.5 cm. x 1.5 cm. on the front of chest-right side-9 cm. below to the right shoulder joint. After completion of the investigation the accused was charge - sheeted. The case was committed to the court of Sessions.

(3.) The prosecution examined P.W. 1 Sudama and P.W. 2 Malku as eye witnesses. P.W. 3 Laxman Tiwari is from the police station. P.W. 4 Ganga Sagar Yadav Station Officer investigated the case and submitted the charge-sheet. The injury reports of Sudama and Shanker were admitted in defence. In defence the accused were examined and they pleaded not guilty. In defence they produced a carbon copy of the F.I.R. Ext Ka-2 and copy of the injury report of Smt. Sudheshwari which is Ext-kha-3. C.W. 1 Dr. D.M. Sinha was examined to prove the injury report of Smt. Sudheshwari. P.W. 1 Sudama and P.W. 2 Malku have detailed the. prosecution case in court A perusal of the statement of the prosecution witnesses goes to show that there is no infirmity in their evidence. Sudama P.W. 1 is one of the injured and Shanker received puncture wound which could not be self inflicted. It appears that it was a case of sudden quarrel without premeditation. The incident took plate in the year 1973 that is more than 19 years ago. There is force in the contention of the learned Counsel for the appellants that no useful purpose would be served by sending the appellants to jail now and even the fine ought to be set aside, The appellants were convicted and taken into custody, on 30/10/1979 and they were granted bail on 9/11/1979. Thus they have been in jail for some time. In. the above circumstances, I am of the opinion that the sentence of fine should be set aside and the period of, imprisonment awarded to the appellants should be reduced to the period already undergone by them. In the result, the appeal is partly allowed. While maintaining the conviction of the appellants under Section 324/34 I.P.C. their sentence of imprisonment is reduced to the period already undergone. The fines awarded to the appellants are set aside. The appellants are on bail. They need not surrender. Their bail bonds are discharged. Appeal allowed partly.