JUDGMENT
Harbans Lal, J.
1. This appeal under Section 374(2) Cr.P.C. has been preferred by the accused appellant Bagaram against the judgment dated 31st July, 1993 passed by the learned Sessions Judge, Balotra in Sessions Case No. 29/92 whereby the appellant has been convicted of offence under Section 323 I.P.C. and sentenced to undergo R.I. for a period of six months and a fine of Rs. 500/-, in default of payment of which to further undergo simple imprisonment for a period of two months alongwith a direction that upon realisation of fine, the same be paid to Mst. Pemli P.W./11 as compensation.
2. Briefly stated, the relevant facts giving rise to this appeal are that Mst. Pemli PW/11 was married to the appellant about 9 years prior to the incident and she was residing with her husband in Pachpadra’. It is alleged that on 28.7.1992 at about 10-11 p.m. when Mst. Pemli PW/11 was sleeping in the house, the accused appellant came drunk and started beating her. On hearing the cries of Mst. Pemli PW/11 the neighbourers Balarm PW/1. Ghaver Ram PW/2, Omaram PW/3, Sawa Ram PW/4 and Bholaram came there. They rescued her from the beating of her husband. Her mother was called. Mst. Pemli told the incident to her brother Demaram PW/6 who lodged the F.I.R. Ex.P/6 with the Police whereupon the formal F.I.R. Ex.P/8 was registered. During the course of investigation injuries of Mst. Pemli PW/11 were got examined by Dr. Badri Prasad Lohia PW/5 who prepared her injury report Ex.P/5. After completion of necessary investigation the chargesheet was filed against the accused. The case was committed to the courts of session. After the trial the appellant was acquitted of all other charges except for the offence under Section 323 I.P.C. for which he was found guilty, convicted and sentenced as indicated above.
3. Aggrieved by the said judgment of conviction and sentence, the appellant has filed this appeal before this Court.
4. learned Counsel for the appellant has candidly neither disputed nor challenged the conviction of the appellant for offence under Section 323 I.P.C. He has submitted that on the date of occurrence the appellant was of around 25 years of age and the occurrence took place in the year 1992. The appellant was in custody for about 9 days during the trial. The victim Mst. Pemli has gone in ‘Nata’ to some other person and in view of these facts and circumstances the appellant may be released on the sentence already undergone and the fine awarded by the learned trial court.
5. The learned Public Prosecutor has also not opposed this prayer.
6. I have perused the record. Mst. Pemli PW/11 has proved the prosecution case. The evidence of the prosecution witnesses namely Balaram PW/1, Ghaverram PW/2, Omaram PW/3 and Sawaram PW/4 who are said to have come on the seen on hearing the cries of Mst. Pemli PW/11 have corroborated Mst. Pemli PW/11 the victim. Dr. Badri Prasad Lohia PW/5 who examined her injuries on 29.7.1992 and prepared the medical report Ex.P/5 has also proved that she had sustained 5 simple injuries by blunt weapon on her person within 24 hours from the time of examination. Thus, the case of the prosecution stands amply proved and the learned Sessions Judge has rightly found the appellant guilty of the offence under Section 323 I.P.C. and his conviction for this offence deserves to be maintained and confirmed. However, the prayer of the learned Counsel for the appellant with regard to taking a lenient view in the matter of sentence appears to be just and proper in the facts and circumstances of the case. Apparently the occurrence took place on 28.7.1992 and more than 10 years have elapsed since then. The offence which has been found proved is only of causing simple injuries to Mst. Pemli PW/11 who was his own wife and the appellant remained in custody for about 9 days during the investigation and trial. The occurrence appears to be the result of the appellant being under intoxication. So to send the appellant in jail to serve out the sentence awarded to him after lapse of such a long period appears to be harsh and the ends of justice would be met if his sentence is reduced to the period already undergone and the fine imposed upon him.
7. In the result the appeal is partly allowed. The conviction of the accused appellant for offence under Section 323 I.P.C. recorded by the learned trial court is confirmed. However, looking to the nature of offence proved against the appellant and other facts and circumstances of this case indicated above the sentence is reduced to the period already undergone and the fine of Rs. 500/- imposed upon him by the learned Court below. The order regarding payment of this amount as compensation to Mst. Pemli PW/11 is also confirmed. The amount of fine, if deposited shall be paid as compensation to Mst. Pemli PW/11. If the appellant fails to deposit the fine, he shall be made to serve out the sentence awarded in lieu of fine by the learned trial court.