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NON-REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 429 OF 2017

[@ SPECIAL LEAVE PETITION (CRL.) No. 1539 OF 2015 ] STATE OF MADHYA PRADESH                     Appellant(s)

                               VERSUS CHHAINU                                     Respondent(s)

J U D G M E N T KURIAN, J. 1. Leave granted.   2. The State is before this Court, aggrieved by the Judgment dated 23.11.2012 passed by the High Court of Madhya Pradesh in Criminal Appeal No. 1230 of 1996.

2. It is seen from the impugned Judgment that the High Court, taking note of the period already served (just 17 days) and having regard to the fact that the incident is of the year 1984, disposed of the appeal, limiting  the  sentence  to  the  period  already undergone, but enhancing the fine to Rs. 4,000/-.

3. On  notice,  the  respondent  has  been  produced before this Court today by the police.

4. It is submitted by the respondent that he is a Coolie and that he has two daughters, one is married and the other is yet to be married.

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5. On a query made by the Court whether he would pay some more fine, he says that he is not in a position to pay, but he can work, earn and pay.

6. On  a  query  made  to  the  Police  Officer,  who produced the respondent in the Court, as to whether the  respondent  is  involved  in  any  other  criminal case, we are informed that there is no other case as far as the respondent is concerned.

7. Therefore, in the peculiar facts of this case, we are not inclined to interfere with the order passed by the High Court, though we are not quite happy the manner in which the High Court has dealt with the case of the respondent in a case of conviction under Section 326 IPC.

8. With the above observations and directions, the appeal is dismissed.

9. Pending interlocutory applications, if any, stand disposed of.  

.......................J.               [ KURIAN JOSEPH ]  

.......................J.               [ R. BANUMATHI ]  

New Delhi; February 27, 2017.