STATE OF MADHYA PRADESH Vs. SUNDER SINGH

JUDGEMENT

(1.) APPELLANT/state of Madhya Pradesh has preferred this appeal under Section 377 (1) of Cr. P. C. for enhancement of the sentence imposed on the respondent under Section 326 of i. P. C. vide judgment dated 07. 10. 2006 passed by Sessions judge, Raisen in Criminal Appeal No. 270/05.

(2.) RESPONDENT Sunder Singh was convicted under section 326 of I. P. C. for causing grievous hurt to Chhote Bhaiya by means of farsa and sentenced to rigorous imprisonment for two years with fine of Rs. 1,000/- in default simple imprisonment for two months, by Judicial Magistrate First Class, Udaipura, camp Bareli, District Raisen vide judgment dated 29. 11. 05 passed in criminal case No. 29/04. In criminal appeal preferred by the respondent against his conviction and sentence, his conviction under Section 326 of I. P. C. was maintained, but his sentence of imprisonment for two years was reduced and modified to the period of 16 days already undergone by him with fine of Rs. 1,000/- by Sessions Judge, Raisen vide impugned judgment dated 07. 10. 06 passed in criminal appeal No. 270/05. Being aggrieved by the aforesaid judgment, State of Madhya pradesh has preferred this appeal for enhancement of sentence on the respondent.

(3.) LEARNED counsel for the appellant/state submitted that respondent was found guilty for causing grievous hurt to chhotte Bhaiya by means of farsa and it was proved from the medical evidence that there was amputation of four fingers of the right hand of injured Chhote Bhaiya. In such a case, the sentence of imprisonment only for 16 days and meager fine of rs. 1,000/- is inadequate punishment, which deserves to be enhanced.