Decided on August 23,2018

STATE OF M P Respondents


G.S. Ahluwalia, J. - (1.) This Criminal Appeal under Section 374 of Cr.P.C. has been filed against the judgment and sentence dated 24-2-2004 passed by XIIIth A.S.J., Indore in Sessions Trial No. 220/2003, by which the appellant has been convicted under Section 307 of I.P.C. and has been sentenced to undergo the rigorous imprisonment of 4 years and a fine of Rs. 10,000/- with default imprisonment. This Court by order dated 9-9-2004, had suspended the sentence and granted bail to the appellant. The appellant was released on bail, however, it appears that later on the appellant was arrested in connection with crime no.264/2007 registered by Police Station Kishan Ganj for offence under Section 302 of I.P.C. Accordingly, this Court by order dated 15-10-2007 recalled the order of suspension and was remanded to jail custody for serving out the remainder part of the jail sentence.
(2.) A P.U.D. dated 19-5-2018 has been received from the office of Superintendent of Jail, Central Jail, Indore to the effect that the appellant has already served out the entire jail sentence awarded in the present case and on 9-9-2008, he was released in the present case, and was detained in connection with another case. Thus, it is clear that the appellant has already served out the entire jail sentence. Thus, this Court by order dated 21-8-2018, in the light of the judgment passed by the Supreme Court in the case of Suryabaksh Singh Vs. State of U.P., 2014 14 SCC 222, had reserved the case for judgment after going through the record of the Trial Court and after hearing the Public Prosecutor, as none had appeared for the appellant.
(3.) The necessary facts for the disposal of the present appeal in short are that the appellant caused injuries by means of a sword to the injured Subhash at about 6:15 on 20-7-1992. The injured Subhash was working as Manager, Jain Chemicals and after his office work, when he was about to board his car, the appellant came there and without any reason, assaulted him by means of a sword. The injured tried to stop the assault by his hand causing incised wound on his hand. Another blow was given on the head of the injured, as a result of which, he sustained injury on his head and also sustained injury on his nose. One month earlier also, the appellant under the influence of alcohol had caused damage to the car of the injured, as a result of which, the injured had scolded the appellant and on this issue, the appellant had caused injury to the injured Subhash.;

Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.