KAMLESH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THERE are seven appellants in this appeal. Appellants 4, 5, 6, and 7 are convicted under sections 323 and 147 of the Penal Code and sentenced to undergo rigorous imprisonment for three months for each of the two offences; appellants 1, 2 and 3 are convicted under section 148 of the Penal Code and sentenced to undergo rigorous imprisonment for four months. Appellants 2 to 7 are convicted as they were charged; however, appellant no.1 though convicted under sections 323 and 147 was charged, in addition to these two sections, also under section 307 of the Penal Code. This was on the prosecution allegation that he had fired a pistol shot hitting the informant's brother. That part of the prosecution story was disbelieved by the trial court with the result that the appellants were convicted and sentenced as stated above. 3. Mr. Rama Kant Sharma, learned counsel, appearing for the appellants confined his submissions to the question of sentence only. Learned counsel submitted that the occurrence had taken place on October 29, 1987 that is to say more than 14 years ago. He further submitted that the occurrence was the result of an irrigation dispute and pointed out that according to the prosecution case the informant was cleaning his irrigation channel when the appellants came there and raised objection; there was an exchange of hot words and following this the appellants assaulted the informant and his brother. The injuries sustained by the informant and his brother were all found to be simple in nature. 4. Mr. Sharma submitted that having regard to these facts and circumstances, it may not be expedient to send back the appellants to jail after they were released on bail by this court more than 9 years ago at the time of admission of this appeal. He further submitted that appellant no. 1 had remained in jail for 22 days. I am inclined to accept the submission and I accordingly, modify the sentence of imprisonment passed against appellant no.1 to the period already undergone by him. As regards the other appellants their sentences of imprisonment is modified to payment of fine; appellants 2 and 3 are directed to pay fine of Rs. 750/ - each and the remaining four appellants a consolidated fine of Rs. 500/ - each. In default of payment of fine appellants 2 and 3 will undergo rigorous imprisonment for two months and the remaining appellants for one month. The fine must be deposited within two months, failing which the trial court will take the defaulter(s) in custody so as to make them undergo the imprisonment as directed by this Court.