JUDGEMENT

By the present appeal filed under Section 374(2) of the Code of Criminal Procedure, the appellants have challenged the judgment of conviction and order of sentence passed by Special Judge, SC/ST (Prevention of Atrocities) Act Jabalpur in Special Case No.13/99 whereby the appellants have been convicted under Section 147 of Indian Penal Code and sentenced to undergo one year RI and fine of Rs.200/- and in default, to further undergo 15 days RI and Section 323/149 of Indian Penal Code and sentenced to undergo one month and fine of Rs. 200/- and in default, to further undergo 15 days RI. 2. As none appeared on behalf of the appellants, Mr. Khalid Noor Fakhruddin, Advocate who is present in the Court, has been requested to assist the Court on behalf of the appellants as amicus curiae.

3. Learned counsel for the appellants has submitted that the prosecution failed to prove the case beyond reasonable doubt. During the trial, the appellants remained in custody for one days. The incident was of the year 1999. They have no criminal antecedent. He further submitted that due to previous enmity, appellants have falsely been implicated in this case. There was no mens rea behind the incident so a liberal view on the point of sentence be taken by the Court, so he prayed that the sentence be reduced to period already undergone.

4. Per contra, the learned counsel appearing for the respondent/State supported the judgment and submitted that the prosecution has duly proved the incident and the learned sessions Court has rightly convicted the appellants under Sections 147 and 323/149 of Indian Penal Code. He said that Court is at liberty to consider the case on the point of sentence.

5. After considering the arguments of both the parties and after perusal of record, it appears that FIR was lodged at P.S. Sehore District Jabalpur on 06.02.1999 against the appellants which was registered as Crime No. 53/1999 under Sections 147, 148, 149, 452, 294 and 307 of IPC and Section 3(1)(15) and 3(2)(5) of SC/ST Act. After investigation, the charge sheet was filed. 6. Learned trial Judge after considering the statements of the witnesses by judgment dated 15.01.2000 convicted the appellants under Sections 147 and 323/149 of IPC and sentenced as stated herein above, however, the findings recorded by the learned trial Judge are based on due appreciation of evidence and do not require any interference. The judgment of conviction under Sections 147 and 323/149 of IPC is upheld.

7. However, looking to the facts that the incident took place in the year 1999, the appellants remained in custody for 1 day. The prosecution has not brought any past criminal antecedents of the appellants on record and there is no minimum sentence has been prescribed under Sections 147 and 323/149 of Indian Penal Code at that time I deem it proper to reduce the jail sentence of the appellants to the extent of the period which they have already undergone and accordingly, the jail sentence is reduced to the period already undergone by them and the fine amount is maintained. The appellants are on bail, their personal bonds and bail bonds be discharged. Accordingly the appeal is partly allowed. 8. Record of the trial Court be sent back along with copy of the judgment. (RAJENDRA KUMAR VANI) (RAJENDRA KUMAR VANI) JUDGE L.R. Digitally signed by LALIT SINGH RANA Date: 2024.01.20 14:33:21 +05'30'