ORDER

The appeal is filed under Section 374(2) of the Cr.P.C. being aggrieved by the order of conviction and sentence dated 26.10.1999 passed in Sessions Trial No.19/1999 whereby the appellant has been convicted under Section 452, 325 of IPC and sentenced to undergo RI for 2 - 2 years with fine of Rs.1000-

1000/-. In case of default of payment of fine, he shall undergo 3 months additional RI. According to the prosecution case on 16.12.1998 at 11:15 AM at Village Nipanya, Mangibai was cleaning her utensils. She threw its dirty water in the adjacent lane. Due to this, Kailashbai and Bechanbai began to abuse her. When Mangibai was collecting cow-dung, then Mansingh, Balusingh and Dharusingh forcibly and illegally entered her house and began to abuse her in filthy language. It is alleged that Mansingh and Balusingh had lathis with them. Balusingh again abused Mangibai in filthy languages and inquired about as to why did she threw dirty water in the lane. Dheerusingh then caught hold of Mangibai and Mansingh beat her by lathi, striking on her hand, paws, back portion. On the report of Mangibai, the police registered the offences under Section 452 &amp; 325/34 of IPC. After the investigation, the charge-sheet was filed. Counsel for the appellant submits that the offence had taken place in the year 1998 and the appellant has been facing trial since 1999. The appellant was on bail during trial and did not misuse the liberty. No purpose would be served to send the appellant in jail after such long period. Counsel for the State opposes the prayer and submits that the prosecution has clearly established the case against the accused person. Mangibai received grievous injury on arms and on back which has been proved by the testimony of Dr. Suman Sharma (PW-9). After considering the testimony of witnesses and medical evidence, I do not find any illegality in the order of conviction. The conviction of the appellant is maintained. Also heard on sentence. Taking into consideration the fact that the incident had taken place in the year 1998, the appellant was on bail during trial and did not misuse the liberty, there is no complaint by the complainant that the complainant was ever threatened or influenced by the appellant and no purpose would be served in sending the appellant to the jail after such long period, the appellant is awarded jail sentence till rising the Court. Today the appellant remained in the Court right from 10:15 AM to 04:30 PM, thus, he has already undergone sentence. Thus the jail sentence of the appellant under both the Sections is reduced to the period already undergone and fine amount under Section 452 &amp; 325 of IPC is increased from Rs.1000/-<br/>

to Rs.5000/- for each offences. The said enhanced amount shall be paid to the complainant Mangibai by the trial Court. The amount shall be deposited within 60 days from today. If the appellant does not deposit the enhanced fine amount within the said period, the appellant shall undergo the remaining jail sentence as per the order of the trial Court. The bail bond of the appellant shall be discharged after depositing of fine amount.

With the aforesaid, the appeal is partly allowed and disposed off.

(VIJAY KUMAR SHUKLA) JUDGE soumya