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Criminal Appeal No. 994/1999.
12.05.2011
Shri Satish Chaturvedi, learned
counsel for appellants.
Shri Vivek Sharma, learned PL for
respondent/State.
Perused PUD dated 30/04/11 in which it
has been shown that appellants have failed
to appear before the trial Court on
23.04.11.
Learned counsel for appellants submits
that matter may be heard finally today to
which learned PL for State has no
objection.
Heard finally.
This is an appeal preferred by the
appellants feeling aggrieved by the
judgment dated 22.03.99, delivered by the
then Special Judge, Raisen in Special Case
No.158/96 in which appellants have been
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convicted for alleged offence punishable
under Section 323 IPC and sentenced to
R.I.for six months and fine of Rs.500/-
each, in default of payment of fine
appellants to further undergo R.I. for one
month.
2. Learned counsel for the appellants has
not challenged the finding of conviction
of the appellant but confined his
arguments only on the point of sentence.
So there is no need to consider the facts
of the case.
3. Learned counsel for the appellants
submitted that out of 13 persons who were
tried, these three appellants have been
convicted and sentenced as aforesaid, the
appellants are first offender and there is
no criminal record against them. The
incident is of the year 1993. Therefore,
their case may be considered
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sympathetically. He submits that alleged
offence under Section 323 IPC is
punishable with fine alone also.
4. On the contrary, learned counsel for
the State has supported the judgment
delivered by the trial Court and contended
that no interference is called for in this
appeal.
5. Keeping in view the facts and
circumstances of this case and submissions
made by the parties, the interest of
justice would be served if the amount of
fine is enhanced in lieu of sentence.
Consequently, the appeal is partly
allowed. The conviction of the appellants
by the trial Court is hereby maintained.
However, instead of jail sentence, I
impose extra fine amount of Rs.1,000/-(Rs.
One Thousand Only) on each appellant. The
said amount be deposited in the trial
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Court within three months from the date of
receipt of certified copy of this order,
failing which the appellants shall undergo
R.I. for one month. The appellants are on
bail, in case the fine amount is deposited
by them, their bail bonds shall stand
discharged.
(M.A.Siddiqui)
Judge.
Jk.