Madhya Pradesh High Court
CRA/845/2001 of GAJRAJ SINGH Vs THE STATE OF M.P. on 29 December 2023
COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI
IN THE HIGH COURT OF MADHYA PRADESHAT INDORE
BEFORE
HON'BLE SHRI JUSTICE GAJENDRA SINGHON THE 29[th] OF DECEMBER, 2023
CRIMINAL APPEAL No. 845 of 2001
BETWEEN:-
GAJRAJ SINGH S/O SHIVSINGH GUJAR,AGED 19 YEARS, OCC: AGRICULTURE,VILLAGE: KOTHADA, TEHSIL: SUSNER, DISTRICT: SHAJAPUR (M.P.)
(BY SHRI A.SIDDIQUI, LEARNED COUNSEL)
.....APPELLANT
AND
THE STATE OF M.P. (MADHYA PRADESH)
.....RESPONDENT
(BY SHRI ANENDRA SINGH PARIHAR, LEARNED PUBLIC PROSECUTOR)
This appeal coming on for orders this day, th e court passed the following:
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JUDGMENT
Under Section 374(2) of Cr.P.C., this appeal has been preferred feelingaggrieved by the conviction under Sections 323, 323 r/w 34 of IPC andsentenced for four months RI and fine of Rs.300/- with default stipulation of 30days RI in ST No.136/98 of Additional Sessions Judge, Agar, Dist. Shajapurvide judgment dated 3rd July, 2001.
2. Brief facts of the case are that the appellant/accused was tried underSection 148, 302 r/w 149, 323 alternatively 323 r/w 149, 323 alternatively 323r/w 149, 323 alternatively 323 r/w 149 of IPC in a case arising out of CrimeNo.36/1998 of P.S. Soyatkala, Dist. Shajapur, Madhya Pradesh. The trial Court vide judgment dated 3rd of July 2001 convicted the appellant/accused GajrajSingh only under Section 323 & 323/34 of IPC and acquitted from rest of thecharges.
3. Counsel for the appellant/accused submits that limited prayer in thismatter is regarding sentence and looking to the period facing the trial and theperiod of undergone the matter should be considered leniently.
4. Learned Public Prosecutor opposed the prayer.
5. Perused the para-69 & 73 of the impugned judgment and conviction of the appellant/accused Gajraj Singh under Section 323 IPC for causing voluntaryinjury to Onkarlal and under Section 323 r/w Section 34 of IPC for causingvoluntary injury to Fulsingh is affirmed.
6. Certificate under Section 428 of Cr.P.C. certify that appellant/accusedGajrajsingh has undergone custody from 22.07.1998 to 13.10.1998 for theperiod of 82 days and the total sentence is only 4 months RI in each count.Looking to the period of trial and the period of custody, this is a fit case toallow this appeal partly and the sentence of imprisonment of appellantGajrajsingh is modified to the period already undergone i.e. 82 days.
7. In view of the above, this appeal is allowed partly and the sentenceof the appellant/accused under Section 323, 323 r/w 34 of IPC is modified tothe period of 82 days i.e. period already undergone by the appellant/accused.The fine amount is maintained.
8. Record of the court below along with a copy of this order be sentforthwith for information and compliance.
soumya
(GAJENDRA SINGH)JUDGE