SHRILAL KHAIRWAR SON OF LATE SHRI DADAI, AGRICULTURIST, RESIDENT OF, VILLAGE CHIARWAL-KALA, PS WAIDHAN, DISTRICT SIDHI (M.P.) Vs. STATE OF MADHYA PRADESH THROUGH STATION HOUSE OFFICER, POLICE STATION, WAIDHAN, DISTRICT SIDHI (M.P.)

JUDGEMENT

(1.) FEELING aggrieved by the judgment of conviction and order of sentence dated 29.09.1997 passed by learned Sessions Judge, Sidhi in S.T. No. 66/1995 convicting the appellant under Section 324 of IPC and thereby sentencing him to suffer RI of three years and fine of Rs. 500/ - in default further RI of six months, this appeal has been preferred by the appellant under Section 374 (2) of the Code of Criminal Procedure, 1973. The facts in detail have already narrated by the Trial Court in paras 2 and 3 of the impugned judgment and for convenience they are not being reproduced. Suffice it to say that appellant was charged under Section 307 IPC, however, he has been convicted under Section 324 IPC and has been directed to suffer imprisonment as mentioned in para 1 of the impugned judgment.

(2.) THE contention of learned counsel for the appellant is that looking to the evidence placed on record, it is not proved that appellant has committed any offence. Alternative submission has also been put forth by him that if this Court comes to the conclusion that appellant has committed the offence, in that since since the incident occurred 17 years ago, it would not be fruitful to send the appellant behind the bars again. It is also contended by him that appellant has already suffered jail sentence of one year and three months and this would be the appropriate punishment for the offence which he has committed.

(3.) HAVING learned counsel for the parties, I am of the view that this appeal deserves to be allowed in part.