GIRDHARI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellants have preferred this appeal against the judgment dated 27.8.1996 passed by the First Additional Sessions Judge, Sagar in ST. No.314/1994 whereby the appellants were convicted and sentenced as mentioned in the table below :

(2.) THE prosecution's story in short is that on 7.7.1994 at about 2.00 p.m complainant Amol Singh (PW6), resident of Village Manjala (Police Station Banda, District Sagar) was coming back from his fields. He passed through the land of appellant Girdhari and therefore, Girdhari abused him. When he was passing near the house of one Uddet, appellants met him there. THE appellant Girdhari had a katarna, Kamal had a ballam and Haridas had a stick. Girdhari assaulted the complainant Amol Singh by a katarna causing him a grave injury on his left hand. THEreafter, he ran towards the village. He was chased by the appellant Kamal and Haridas. Karan Singh came to the spot after hearing the shouts of the complainant Amol Singh. Girdhari assaulted the victim Karan Singh by a katarna on his head and thereafter, the appellants entered in the house of one Kailash and assaulted him also. THE victim Amol Singh had lodged an FIR Ex.P/12 at Police Station Banda soon after the incident. All the injured perrsons were sent to the hospital for their medico legal examination. Dr. S.P. Swarnakar (PW13) examined the injured persons at CHC, Banda. He found an incised wound 10" x 3" in size on the left side of the chest of victim Kailash Singh. He gave a report Ex.P/6A to that effect. Similarly he found one deep incised wound to the complainant Amol Singh on left fore arm. Ex.P/4A is the report to that effect. He also found that left ulna bone was cut due to that assault. Similarly, he examined Karan Singh and gave his report Ex.P/5A. He found two incised wounds on left and right parietal region on him. All the victims were referred for X- Ray examination. Dr. Dinesh Diwakar (PW1) in his X-Ray report (Ex.P/1) found that the complainant Amol Singh sustained fracture of radius bone in his left hand whereas no grave injury was found to the other victims. After due investigation a charge sheet was filed before the JMFC, Banda who, committed the case to the Sessions Court, Sagar and ultimately it was transferred to the First Additional Sessions Judge, Sagar.

(3.) THE learned counsel for the appellants has submitted that the appellants Girdhari and Haridas were youths of 26 and 19 years of age at the time of incident whereas, the appellant Kamal was 32 years old at that time. All of them were first offenders and they did not cause multiple injuries to the victims. THEy remained in the custody for approximately 24 days. Appellant Girdhari remained in custody for 39 days. Under such circumstances, where they faced the trial and appeal for last 18 years they may not be sent to the jail again. It is also submitted that the victim Amol Singh and Karan Singh have submitted a compromise application before this Court to seek permission to do compromise and compromise was also filed by the parties. Looking to the compromise, sentence of the appellants may be reduced.