GUCHCHI Vs. SANTOSH KUMAR KAURAV

JUDGEMENT

(1.) THIS revision seeks enhancement of punishment to the respondent Nos. 1 and 2 on the ground that though the respondents have been convicted under Section 393 read with Sections 397 and 304 read with Section 34 of IPC and sentenced under Section 393, IPC to R. I. for three years and fine of Rs. 200/-, under Section 397, IPC to R. I. for five years and fine of Rs. 200/- and under Section 304 read with Section 34, IPC to R. I. for five years and fine of Rs. 200/-respectively, the sentences directed to run concurrently, the minimum sentence prescribed in Section 397 of IPC, has not been awarded.

(2.) THE grievance of the complainant is that sentence of five years awarded under Section 397 of IPC is below the minimum sentence of seven years prescribed and therefore, it deserves to be enhanced.

(3.) THE case of the prosecution against the respondents was that on 2-9-1998 at about 8. 00 P. M. in Village Gardha in the farm-house of contractor Chhotelal, the accused persons accosted complainant-Ramesh Kumar, Kashiram, Ajab Singh and Munnalal and asked for money and when Munnalal refused to give them any amount, they assaulted him with sword and lathi causing injuries on his back, neck, right hand and head. Munnalal was taken by his companions to a factory where they narrated the incident to Har Prasad. He was thereafter rushed to the Police Station where report was made which was recorded at Serial No. 110 of the Rojnamcha from where he was forwarded for medical examination. Upon trial, the learned Judge found that the offences alleged against the respondents were proved and convicted and sentenced them as stated hereinabove.