- (1.) This appeal has been filed against the impugned judgment and order dated 14.12.2011 passed by the High Court of Madhya Pradesh, (Gwalior Bench) in Criminal Revision No. 74 of 2010, by way of which the conviction of the respondents has been maintained under Sections 148, 324, 326 and 149 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC') as awarded by the learned trial court, however, the sentence has been reduced from 2 years to 3 months.
(2.) Facts and circumstances giving rise to this appeal are that: A. One Sunil (PW.1) lodged a complaint with the police station Bhander on 21.3.2004 that his father Nahar Singh (PW.5) had gone to his agricultural field for guarding his crops, all the respondents came there on a tractor driven by Kallu, armed with axe, farsa and lathi etc. When the complainant Sunil tried to stop the tractor, the respondents started abusing him and on being asked not to abuse, the respondents caused injuries to the complainant Sunil (PW.1) with their respective weapons. When his father Nahar Singh (PW.5) came to rescue him, the respondents had beaten him of which he suffers injuries. In the meanwhile, on hearing hue and cry, brother of complainant, namely, Brijraj (PW.3) and one Kunwar Singh (PW.2) reached the spot and tried to intervene, they were also beaten by the respondents. When other persons namely, Kalyan Singh and Nirbhay Singh reached the spot, the accused persons fled away from there hurling threats to kill the complainant side. B. In view of the complaint filed by Sunil (PW.1), the law came into motion. The police arrested the accused persons, weapons etc. were recovered on the basis of the disclosure statements made by them, and various memos were prepared. C. After completing the investigation, the police filed chargesheet against the respondents under Sections 147, 148, 149, 294, 323, 324 and 506-B IPC. On the basis thereof, the charges had been framed against the respondents/accused under Sections 147, 148, 294, 506 Part 2, 326/149 (two counts), 324/149 (two counts). D. In order to prove their case, the prosecution examined large number of witnesses. The learned Magistrate vide impugned judgment and order dated 10.9.2009 convicted the respondents for commission of the offences punishable under Sections 148, 324/149 (two counts) and 326/149 (two counts) of IPC, and sentenced them to undergo one-one year simple imprisonment with fine of Rs.100-100/- and two-two years simple imprisonment with fine of Rs.150-150/- respectively, and in default of payment of fine, to further undergo simple imprisonment of 10-10 days. E. Aggrieved, the respondents-accused filed Criminal Appeal No. 74 of 2009 before the learned Additional Sessions Judge (Fast Track), Datia. The said appeal was dismissed by order dated 15.1.2010. F. The respondents further challenged the said order dated 15.1.2010 by filing Criminal Revision No. 74 of 2010 before the High Court which was disposed of vide impugned judgment and order dated 14.12.2011. Hence, this appeal by the State.
(3.) Ms. Bansuri Swaraj, learned counsel appearing on behalf of the appellant State, has submitted that if the criminal proceedings has protracted for 7-1/2 years that could not be a ground for reducing the sentence from two years to 3 months only by the High Court. Such a reduction of sentence is not justified, particularly, when the respondents did not argue their case on merit at all. In case, the High Court earlier had reduced the sentence in a similar manner that cannot be a precedent as other case is to be decided on its own merit. Therefore, in the facts and circumstances of the case, the sentence awarded by the learned trial court should be restored and the order of the High Court requires to be modified to that extent.;