RAJENDRA Vs. STATE OF M P

JUDGEMENT

(1.) This appeal is directed against judgment dated 02.08.1999 passed by Sessions Judge, Indore in Sessions Trial No.582/1993. By the impugned judgment, the learned trial Judge held the appellant guilty of the offence punishable under sections 307 and 324 of the IPC and sentenced him to undergo RI for 2 years with fine of Rs.500/- under section 307 and RI for six months with fine of Rs.200/- under section 324 IPC.

(2.) The case against the appellant was that on 02.05.1991 he assaulted Balwant singh and Rajendra with knife and caused injuries to them. The incident was reported and FIR was registered on the same day. This set the investigation rolling. After completing investigation, charge sheet was filed. Appellant denied the charges, therefore, he was put to trial. Considering the prosecution evidence, learned trial Judge convicted the appellant and sentenced as aforesaid.

(3.) Counsel for the appellant does not assail the conviction of the appellant, however, prays for leniency with regard to quantum of sentence awarded to the appellant. So far as conviction of the appellant is concerned, it is based on proper appreciation of evidence and relevant consideration. In the overall facts and circumstances of the case and the fact that no useful purpose would be served by sending the appellant to jail at this distant point of time. As a result, the appeal is allowed in part. While the conviction of the appellant is maintained, the jail sentence is reduced to the period already undergone keeping the sentence of fine unaltered. The appellant is on bail. On deposit of fine amount, if not already done, his bail bonds shall stand discharged.