SHAUKAT Vs. STATE OF M. P.

JUDGEMENT

(1.) APPELLANT Shaukat has been convicted under Section 326/34 Indian Penal Code and sentenced to rigorous imprisonment for six months and fine of Rs. 200/ - or in default further R.I. for three months; Main accused Kailash was convicted under Section 326 and sentenced to. R.I. for one year and fine of Rs. 200/ - or in default further R.I. for three months but he has under gone the sentence and has not preferred any appeal. The appeal is pressed only on the question of sentence.

(2.) THE facts found are -that on 20 -5 -1978 at about 5 -30 p.m. complainant Dipak was going with his brother Shashi through Bijli Nagar, Govindpura, Bhopal. They were accosted by the appellant and co -accused who were strangers. The appellant was carrying a gun while the co -accused was armed with a knife. They caught hold of the complainant and he was stabbed by co -accused and the appellant fired his gun but it misfired. Then the gun was snatched by co -accused and he again fired his gun hitting the complainant. The complainant had 3 incised wounds on the arm and thighs which were skin deep, one lacerated wound over chest which caused complete paralysis of the right upper part. This was attributed to the gun shot. The learned Addl. Sessions Judge has given a lenient sentence in view of the fact that the appellant was aged 19 years while the co -accused was aged 18 years on the date of the incident and they were not previous convicts. It appears that they being total strangers wanted to create some stunt being influenced by crime films. The appellant was arrested on 3 -6 -78 and was released on bail on 28 -6 -1978, he stood convicted on 6 -4 -1979 but he was released on bail by the trial Court. So he has undergone about 24 days of detention during the trial. I think it would meet -the ends of justice if the jail sentence is reduced from six months R.I. to one already undergone while imposing fine of Rs. 1000/ - or in default rigorous imprisonment for six months. Out of the fine amount Rs. 500/ - be paid to complainant Dipak Kapur (P.W.1) as compensation under Section 357 Criminal Procedure Code.