Mohan M. Shantanagoudar JUDGMENT
Mohan M. Shantanagoudar, J.
1. Leave granted.
2. Judgment dated 25.05.2015 passed by the High Court of Judicature at Rajasthan, Jaipur Bench in Appeal No. 215 of 1992 is questioned in this appeal by the State with the prayer for enhancement of sentence. By the impugned judgment, the High Court has confirmed the judgment and order of conviction passed by the Sessions Court, Sambharlake in Sessions Case No. 14/1992 for the offences Under Sections 325 and 323 of the Indian Penal Code (IPC), but has reduced the sentence from 3 years' rigorous imprisonment and fine of Rs. 1000/- for the offences Under Section 325, Indian Penal Code and 6 months' rigorous imprisonment and fine of Rs. 250/- Under Section 323, Indian Penal Code to the period already undergone.
3. The Accused (Respondent herein) was charged with and tried for the offences punishable Under Sections 307, 326, 447, 323 and 341, Indian Penal Code. The learned Additional Sessions Judge, Sambharlake, by the judgment dated 19.05.1992 in Sessions Case No. 14/1992 convicted the Accused for the offences punishable Under Sections 325 and 323, Indian Penal Code. The Sessions Court imposed a sentence of 3 years' rigorous imprisonment and fine of Rs. 1000/- for the offences Under Section 325, Indian Penal Code; and 6 months' rigorous imprisonment and fine of Rs. 250/- was imposed for the offence Under Section 323, Indian Penal Code. On appeal by the convicted Accused, the High Court of Judicature at Rajasthan, Jaipur Bench confirmed the judgment of conviction but reduced the sentence to the period of imprisonment already undergone by the Accused. By then, the Accused had undergone 6 days' imprisonment only. Being aggrieved by the meagre sentence, the State is before us as an Appellant praying for enhancement of sentence.
4. The case of the prosecution in brief is that due to old enmity relating to a land dispute, one Kapurchand was assaulted by the Accused; one Phoolchand who intervened in the fight also sustained an injury because of the assault by the Accused. As mentioned supra, the Accused was tried for the offences Under Sections 307 and 326, Indian Penal Code apart from other offences, but was convicted for the offences Under Sections 325 and 323, Indian Penal Code.
5. During the course of the trial, the informant (PW1), the injured Kapurchand (PW2........