MANGLESHWAR PRASAD Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPELLANT has filed this appeal against the judgment dated 6th January, 1999, passed by First Additional Special Judge, Rewa in Special Case No. 11/1995, convicting the appellant under Sections 323 and 342 of the Indian Penal Code and sentencing him to rigorous imprisonment for one year with fine of Rs. 500/-, on each count respectively.

(2.) IN short, the prosecution case is that on 18.6.1995 at about 5 O' clock in the morning, appellant went at the house of Dhanai Basore and forcibly carried him to his shop. He confined him there and assaulted saying that his pigs entered his house. Hearing his hue and cry, his son Brijbhan went to police station and lodged the report Ex. P/1. Police and other persons rescued Dhanai and sent him to Primary Health Centre, Teonthar. Dr. Ramesh Kumar Mishra (PW13) examined his injuries and gave injury report Ex. P/7. Since Dhanai belonged to Scheduled Caste, a case under Section 3(i)(x) of the SC/ST (Prevention of Atrocities) Act (for brevity `the Act') and Sections 323, 506-B and 342 of the INdian Penal Code was registered.

(3.) LEARNED counsel for the appellant has not assailed the finding of conviction of appellant. He, however submitted that in view of the fact that the incident occurred in the year 1995 and about 17 years had elapsed, the sentence of imprisonment of appellant be reduced to the period already undergone by him. He submitted that appellant remained in jail for four days. On the other hand, learned counsel for the State contended that the sentence imposed by the Court below was appropriate and adequate in the facts and circumstances of the case.