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This appeal is filed challenging the Judgment dated 15.10.2009 passed by the Addl. Sessions (Atrocity) Judge, Raichur in Spl. A.C.No.5/2008 convicting the appellants for the offences under Sections 143, 147, 341, 323 & 355 of IPC read with Section 149 of IPC and under Section 3(1)(x) of SC/ST (Prevention of Atrocities) Act, 1989 and sentencing each of them to undergo SI for one month and to pay a fine of `100/- each in default SI for 5 days for the offence under Section 143 of IPC; RI for six months each and to pay a fine of `500/- each in default SI for two weeks for the offence under Section 147 of IPC; fine of `200/- each in default SI for ten days for the offence under Section 341 of IPC; fine of `1,000/- each in default SI for one month for the offence under Section 323 of IPC; RI for six months each and to pay a fine of `500/- each in default SI for two weeks for the offence under Section 355 of IPC; RI for six months each and to pay a fine of `1,000/- each in default SI for one month for the offence under Section 3(1)(x) of SC/ST (Prevention of Atrocities) Act, 1989.

4. It is the further case of the prosecution that on the aforesaid place, date and time, the accused intentionally restrained the Complainant wrongfully and thereafter assaulted him with Chappal in order to dishonour him and also caused simple injuries by kicking him, thereby they are alleged to have committed the offences under Section 341, 355 and 323 of IPC read with Section 149 of IPC.

5. It is also further alleged that on the aforesaid place, date and time, the accused caused hurt to CW.2- Ramesh by assaulting and kicking him, thereby they are alleged to have committed an offence under Section 323 of IPC read with Section 149 of IPC.

24. So far as the offence under Section 355 of IPC is concerned, the said act is covered under Section 323 of IPC for which the accused are already found guilty by the trial Court. Hence, the trial Court could not have convicted the accused for the offence under Section 355 of IPC., also.

25. So far as the sentence is concerned, I am of the opinion that the incident having been taken place five years ago and that the incident might have happened due to some misunderstanding between two groups in the community, sending the appellants to custody at this stage would not enure to the benefit of the peace and harmony in the society. On the other hand, it would enhance the animosity between two groups of the Society. In that view of the matter, I am of the considered opinion that the sentence of imprisonment requires to be set aside and in its place, they may be directed to pay the fine amount, which would meet the ends of Justice. Accordingly, the following order is passed:-

ORDER The appeal is allowed in part. The order of conviction recorded for the offences under Sections 341 and 355 of IPC and under Section 3(1)(x) of SC/ST (Prevention of Atrocities) Act, 1989 against the appellants is hereby set aside and they are acquitted of the said offences. The order of conviction passed against the appellants for the offences under Sections 143, 147 and 323 of IPC., is hereby confirmed. However, the sentence of imprisonment for one month under Section 143 of IPC., is set aside and in its place, the appellants are directed to pay a fine of `500/- each for the said offence in default SI for 5 months. Order of sentence for six months for the offence under Section 147 of IPC., is set aside and in its place, the appellants are sentenced to pay a fine of `1,000/- each in default to suffer SI for one month while the order of sentence for the offence under Section 323 of IPC., is maintained.