BHOLU Vs. STATE OF M.P.

JUDGEMENT

(1.) APPELLANT has in this appeal challenged his conviction under section 324 Indian Penal Code by Second Additional Sessions Judge, Shivpuri in Sessions Trial No. 72/91 judgment dated 2.11.1995. The appellant has been sentenced to Rigorous Imprisonment for three years.

(2.) THE appellant was tried along with two others Vahid Khan and Gabbar. Whereas appellant was charged under section -307 IPC, the two others were charged under section. 307/34 IPC. The allegations were that on 8.8.90 when complainant Hitendra Rathore on a cycle was going to a nearby temple, the three . accused stopped him and appellant inflicted two injuries on his back by a knife.

(3.) LEARNED counsel appearing for the appellant has at the bar argued only on the point of sentence praying that the appellant has remained in custody for about 30 days and in the circumstances of the case, the period already undergone by the appellant appears enough to meet the ends of justice and, therefore, sentence be accordingly reduced. Learned counsel appearing for the State submitted that sentence of fine be imposed in the event sentence of imprisonment is reduced.