MILLAN PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the Judgment of conviction and Order of sentence dated 18.01.2003 passed in S.T. No.137 of 1999, convicting the appellants under Sections 452 and 323 of the Indian Penal Code but they were acquitted under Section 307 of the Indian Penal Code. Both the appellants were sentenced to undergo simple imprisonment for a period of nine months for the offence under Section 323 of the Indian Penal Code and two years simple imprisonment with fine of Rs.2,000/- for the offence under Section 452 of the Indian Penal Code and in default to undergo further simple imprisonment for a period of one month.

(2.) Learned counsel appearing on behalf of the appellants submitted that he is confining his argument only on the point of sentence. He further submitted that informant and appellant-family are neighbours and as per allegation they have caused simple injury to the informantfamily. The Court below has acquitted them from the charge under Section 307 of the Indian Penal Code but convicted them for the offence under Sections 323 and 452 of the Indian Penal Code. He also submitted that both the appellants had surrendered voluntarily before the Court on 04.01.1999 and released on 25.01.1999, as they were granted bail.

(3.) Learned A.P.P. appearing on behalf of the State submitted that there were three injured in this case but she has admitted that all the injuries caused to them were simple in nature.