HORILAL Vs. STATE OF M P

JUDGEMENT

(1.) THIS appeal is directed being aggrieved by the judgment dated 19.1.1993 passed by the Additional Sessions Judge. Multai in Sessions Trial No. 168/89 convicting and sentencing the appellant for the offence under section 325 of the IPC for RI two years with fine of Rs. 2,000/ -, in default of it further RI of six months was awarded.

(2.) THE facts of the prosecution case in short are that on dated 28.7.1989 deceased Horilal s/o Majhi Mehra R/o village Badgaon accompanied with his wife Dullo Bai went to Khedli Bazar for selling wheat. After marketing at about 4 O' clock in the evening, he alongwith his wife Dullo Bai and other women Bhagwanti and Bhakharya was sitting near the house of Naik. The appellant came there and asked him for giving donation in respect of some Ikka festival. Deceased denied for giving the same as the festival was already over, on which, appellant gave him 3 -4 kick blows resultantly he sustained injuries. Soon after the incident, he reported the matter to Police Station Betul. The same was endorsed in the Rojnamcha Sanha, on which he was sent to Primary Health Center Multai where after giving first -aid, he was referred to District Hospital Betul, where on 29.7.1989 he succumbed to the injuries, on which, an offence under section 302 of the IPC was registered against the appellant but subsquently during investigation, the alleged act of the appellant was found to be an offence under section 304 of the IPC for which he was charge -sheeted.

(3.) SHRI Surendra Singh, learned senior Advocate assisted by Shri Manish Mishra, learned counsel for the appellant without assailing any finding of the trial Court holding guilty to the appellant, submitted his limited submissions for reducing his jail sentence upto the period suffered by him in judicial custody by enhancing some amount of fine under the discretion of the Court. He also placed his reliance on a decision of the apex Court in the matter of Habbalappa Dundappa and others v. State of Karnataka [AIR 2002 SC 485] and prayed for allowing his appeal accordingly.