CHAMMI JALAM SINGH Vs. STATE OF MP

JUDGEMENT

(1.) 28.02.2012 This revision has been preferred against judgment dated 22.03.2002 passed by Additional Sessions Judge Narsinghpur in Criminal Appeal No.10/2002 convicting the petitioner under Section 325/34 of IPC and sentenced to 6 months R.I. and with fine of Rs.300/ by confirming the judgment of trial court.

(2.) FACTS of the case, in short, are that on 22.03.96 at about 8:00 a.m. Tikaram (PW 9) was going on his cycle for selling milk was stopped by petitioner and another co accused. They abused him and started assaulting with lathi. PW 9 sustained a fractured on his left elbow.

(3.) CONSIDERING the nature of injury and manner of incident, for an offence under Section 325/34 of IPC jail sentence of 41 days seems to be just, proper and sufficient. However, fine of Rs.300/ seems to be insufficient and too less. In view of the facts and circumstances of the case, fine sentence is enhanced from Rs.300/ to Rs.1,500/ . In default of payment of fine petitioner shall undergo 1 month simple imprisonment.