BALLU ALIAS BALDEV SINGH, SON OF KISHORE SINGH RESIDENT OF VILLAGE PALOHI, PS SYMARIYA, DISTRICT PANNA M.P. Vs. STATE OF MADHYA PRADESH THROUGH PS SIMARIYA, DISTRICT PANNA, M.P.

JUDGEMENT

(1.) FEELING aggrieved by the judgment of conviction and order of sentence dated 23.10.1998 passed by learned Sessions Judge, Panna in S.T. No. 93/1997 convicting the appellant under Section 325 of IPC and thereby sentencing him to suffer RI of two years and fine of Rs. 500/ -, in default further RI of two months, this appeal has been preferred by the appellant under Section 374 (2) of the Code of Criminal Procedure, 1973. The facts in detail are already narrated in paras 2 and 3 of the impugned judgment and for convenience they are not being reproduced here. Suffice it to say that appellant was charged under Section 307 IPC, however, he has been convicted under Section 325 IPC.

(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 the incident occurred 15 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 54 days 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.