VISHNA Vs. STATE OF M P

JUDGEMENT

(1.) HEARD the learned counsel for the appellants as well as Government Advocate representing the respondent State. The appellants, who stand convicted under section 323/34 of the Indian Penal Code and sentenced to 3 months rigorous imprisonment and to pay an amount of Rs. 500/ as fine, providing that in default thereof they will have to undergo one months simple imprisonment, have come up in appeal praying for reversal of the impugned order passed by the Additional Sessions Judge, Camp Pichhore, Distt. Shivpuri and for their acquittal.

(2.) THE learned counsel for the appellants has stated that the appeal is being pressed only on the question relating to the quantum of punishment. The incident giving rise to this appeal had taken place at about 6 a.m. on 28,1.1995. Smt. Rukia, the mother of Nandlal, the injured who had been examined as prosecution witness No. 3, had admitted that the accused were her relations. Smt. Suman, wife of injured Nandlal who had been examined as PW 7, had stated in paragraph 3 of her deposition that the parties have settled their dispute. What she had actually stated was that: .........[vernacular ommited text]...........

(3.) IT has been further stated that all the three appellants have deposited the fine imposed on them. The learned Government Advocate has not disputed the correctness of the facts referred to hereinabove. It has been strenuously urged by the learned counsel for the appellants that taking into consideration the facts and circumstances referred to hereinabove, the sentence awarded to the appellants may be reduced to the period already undergone by them and the impugned order be modified accordingly.