SOORAJ SINGH Vs. STATE OF M P

JUDGEMENT

(1.) THE appellant has preferred this appeal under section 374(2) of Cr.P.C. being aggrieved by judgment dated 18.9.2006 passed by the Special Judge, Shahdol in Special Case No. 65/2005 whereby the appellant has been convicted under section 323 of IPC and sentenced to simple imprisonment for 6 months and fine of Rs. 200/- with default stipulation.

(2.) THE prosecution's case in short is that on 19.7.2005 at about 11:00 PM when Chamru Basor (PW-3) was sitting in the house of his brother-in-law Munna (PW-6), then appellant Sooraj Singh came in yard and demanded cock. When complainant told him that he has no cock, appellant abused, threatened and assaulted him. Complainant was saved by the witnesses. A report was lodged at P.S. A.J.K. Umariya. A crime was registered against the appellant. Complainant was sent for medical examination. Dr. B.K.Prajapati (PW-1) examined him. After usual investigation, appellant was charge sheeted before Special Judge, Shahdol. Learned Special Judge, Shahdol framed the charges under section 294, 506-II, 323 of IPC and section 3(1)(x) of SC/ST (Prevention of Atrocities) Act.

(3.) LEARNED counsel for the appellant has submitted that he is not challenging the conviction part recorded by the trial Court. He has confined the prayer with respect to sentence awarded to the appellant. He has submitted that appellant was in jail for 10 days during trial and after conviction from 18.9.2006 to 18.10.2006 (approx. 1 month and 10 days). He has submitted that ends of justice would be met in case appellant is sentenced for the period already undergone.