NATTHU SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) PETITIONERS Natthusingh, Chatursingh and Ramrajasingh stand convicted under section 325 of the Indian Penal Code, with sentences of Rigorous Imprisonment for one year and fine of Rs. 200/ - each.

(2.) JUDICIAL Magistrate First Class, Chhatarpur, on a close scrutiny of the evidence, led by the prosecution, found the petitioners guilty of causing grevious hurt to complainant Sahab Singh on 27.1.85 and, therefore, vide judgment dated 16.10.89 convicted and sentenced the petitioners as mentioned above. The petitioner's conviction and sentences stand affirmed by the Appellate Court, vide impugned judgment dated 29.6.92, passed by Sessions Judge, Chhatarpur, in Criminal Appeal No. 112/90.

(3.) SHRI Tiwari, the learned counsel for the petitioners, pleaded for a lenient view in the matter of sentence, as a period of more than 13 years has already elapsed since the commission of the offence in the year 1985; the petitioners and the injured persons are closely related to each other; even according to the prosecution the incident of assault on Sahab Singh and Prem Kunwar had taken place all of a sudden on a very petty dispute about the taking away of the cut wood of the tree standing in the jointly owned field of the petitioners and complainant Sahab Singh; petitioner No.1 Natthusingh is an old man aged about 75 years; petitioner No.2 Chatursingh and petitioner No.3 Ramrajasingh were young boys aged about 20 years at the time of the commission of the offence; after the dismissal of their appeal all the three petitioners have already remained in jail for about 10 days each.