Conviction Maintained and Sentence Reduced to Period Undergone Considering Lapsed Time and Mitigating Factors

The appellants were accused of assaulting the complainant (Kulbul), his brother (Kuber), and sister-in-law (Sushila Bai) with sticks on September 10, 2005, following a dispute regarding a damaged tube well pipeline

The prosecution alleged the appellants hurled abuses and caused multiple injuries, including a bone fracture to Kulbul

The trial court (2nd Additional Sessions Judge, FTC, Mungeli) convicted the appellants under Sections 294, 323/34, and 325/34 IPC but acquitted them under Section 506 Part II IPC

During the pendency of the appeal, Appellant No. 2 (Santosh) died, and the case against him abated

The remaining appellants challenged the conviction and, alternatively, sought a reduction in sentence

1. Whether the prosecution proved the guilt of the appellants beyond reasonable doubt despite inconsistencies in witness testimonies and lack of forensic evidence

2. Whether the sentence imposed was unduly harsh given the long pendency of the case and the age of the appellants

The Court primarily applied Section 294 of the IPC regarding obscene acts and songs in public, Section 323/34 regarding punishment for voluntarily causing hurt with common intention, and Section 325/34 regarding punishment for voluntarily causing grievous hurt

The court emphasized the evidentiary principle that the testimony of injured witnesses—being consistent and cogent—carries significant weight and, when corroborated by medical reports, can override minor contradictions or the lack of forensic evidence such as bloodstains

It further exercised judicial discretion in sentencing, considering mitigating factors like the lapse of time (19 years since the incident) and the period of incarceration already undergone

The Court found the testimonies of the injured witnesses (P.W. 5, 7, and 9) to be consistent and reliable

These accounts were corroborated by Dr. D.R. Singroul (P.W. 2), who noted various injuries, and Dr. S. Chatterjee (P.W. 12), who confirmed a fracture in Kulbul’s left ulna bone via X-ray, satisfying the ingredients of Section 325 IPC

The Court rejected the appellants' argument regarding the lack of forensic evidence (bloodstains), ruling that the direct evidence of victims is not easily discarded

However, regarding the quantum of sentence, the Court noted the incident occurred in 2005, the appellants were now middle-aged, and they had already undergone 18 days of incarceration without misusing bail

The appeal was partly allowed regarding the sentence; the Court reduced the substantive jail term to the period of "already undergone" (approx. 18 days), while maintaining the fine amount

The bail bonds were ordered to remain in operation for six months per Section 481 of BNSS, 2023