MAHENDRA SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) PETITIONERS Mahendra Singh and Baijnath Prasad, both residents of village Barodia -Waman, Police -station Khurai, District Sagar, were convicted and sentenced to R.I. for one month each under sections 323 and 341 of I.P.C. along with fine of Rs. 300/ - each, and in default to undergo S.I. for three months each, by the Judicial Magistrate, First Class, Khurai, in Criminal Case No. 478 of 1983, decided on 30.9.1986. In Criminal Appeal No. 183 of 1986, Third Additional Sessions Judge, Sagar (Camp Khurai), partly allowed the appeal and the sentence passed by the trial Court under section 341 of I.P.C. against both the applicants was set aside, but the sentence under section 323 of I.P.C. along with the sentence of fine, was maintained. Hence this petition against the judgment passed by the Third Additional Sessions Judge, Sagar (Camp Khurai). On behalf of the petitioners, the conviction of both the petitioners under section 323 of I.P.C. has not been challenged on merits and, only regarding the sentence, it was submitted that the offence was of the year 1983, and that, much time has elapsed since then, and that the petitioners have remained in jail for a couple of days after the appeal was dismissed, and, after the lapse of so many years, the petitioners should not be sent back to undergo the remaining jail sentence under section 323 of I.P.C. and, instead, the fine amount could be imposed and, out of the fine amount, some compensation could also be awarded to the person injured.