Madhya Pradesh High Court
CRA/6433/2018 of RAMPRASAD Vs THE STATE OF MADHYA PRADESH on 29 December 2023
COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE
IN THE HIGH COURT OF MADHYA PRADESHAT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE AVANINDRA KUMAR SINGHON THE 29[th] OF DECEMBER, 2023
CRIMINAL APPEAL NO.6433 OF 2018
BETWEEN:-
1. RAMPRASAD, S/O SHRI MANAKLAL AHIRWAR,AGED 62 YEARS, R/O GRAM PATTAN, POLICESTATION- SHAMSHABAD, DISTRICT-VIDISHA(MADHYA PRADESH) AGED 62 YEARS, R/O GRAM PATTAN, POLICESTATION- SHAMSHABAD, DISTRICT-VIDISHA(MADHYA PRADESH)
2. OMPRAKASH, S/O RAMPRASAD AHIRWAR, AGED36 YEARS, R/O GRAM PATTAN, POLICE STATION-SHAMSHABAD, DISTRICT-VIDISHA (MADHYAPRADESH) 36 YEARS, R/O GRAM PATTAN, POLICE STATION-SHAMSHABAD, DISTRICT-VIDISHA (MADHYAPRADESH)
3. LALU @ SONU, S/O RAMPRASAD AHIRWAR, AGEDABOUT 27 YEARS, R/O GRAM PATTAN, POLICESTATION- SHAMSHABAD, DISTRICT-VIDISHA(MADHYA PRADESH) ABOUT 27 YEARS, R/O GRAM PATTAN, POLICESTATION- SHAMSHABAD, DISTRICT-VIDISHA(MADHYA PRADESH)
4.HARI NARAYAN, S/O MANAKLAL AHIRWAR,AGED 37 YEARS, R/O GRAM PATTAN, POLICESTATION- SHAMSHABAD, DISTRICT-VIDISHA(MADHYA PRADESH) AGED 37 YEARS, R/O GRAM PATTAN, POLICESTATION- SHAMSHABAD, DISTRICT-VIDISHA(MADHYA PRADESH)
….....APPELLANTS
(BY SHRI ANSHU GUPTA - ADVOCATE)
AND
STATE OF M.P. THROUGH POLICE STATION-SHAMSHABAD, DISTRICT- VIDISHA (MADHYAPRADESH)
….....RESPONDENT
(BY SMT. KALPANA PARMAR – PANEL LAWYER)
This appeal coming on for orders this day, the Court passed thefollowing:
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ORDER
This appeal is pending since 2018. This appeal has been filed by theappellants against the judgment of conviction and order of sentence dated10/08/2018 passed by II Additional Sessions Judge, Ganjbasoda, District-Vidisha (M.P.) in S.T. No.246/2011, whereby the appellants have beenacquitted from the charge of offence under Sections 294, 427, 452, 308/149and 506 of IPC and convicted and sentenced as under:-
2. Allegation against the appellants, in short, is that on 10/04/2010 in theevening, due to previous animosity, some altercation took place between theappellants and complainant and on that, appellants assaulted the complainantparty by means of Farsa, knife and sticks (danda), due to which,complainanat party received injuries. On the basis of aforesaid, crime hasbeen registered against the appellants.
3. Learned counsel for the appellants submits that appellants No.1 & 4remained in custody for 60 days and 2 days respectively but appellants No.2and 3 have never served in custody for a single day and incident is of theyear 2010 and more than 13 years have lapsed, therefore, prayer for settingaside the jail sentence of the appellants is made.
3. Learned counsel for the respondent has no objection if the fine amountis enhanced while reducing the jail sentence of the appellants.
4. Although appeal on merit is not pressed today but in the interest ofjustice, record is seen and after going through the record and looking to the
Facts
facts conviction is found to be justified, hence, conviction is affirmed. Andin the circumstances of the case, this Court is of the view that whileaffirming the conviction of the appellants under Sections 148, 324/149 and323/149 of IPC, jail sentence of the appellants can be reduced by imposingthe fine amount of Rs.500/- each for the offence under Section 148 of IPCand by enhancing the fine amount from Rs.2000/- to Rs.4000/- each for theoffence under Section 324/149 and from Rs.500/- to Rs.1000/- each for theoffence under Section 323/149 of IPC. Accordingly, jail sentence of theappellants is reduced by imposing the fine amount of Rs.500/- each for theoffence under Section 148 of IPC and by enhancing the fine amount fromRs.2000/- to Rs.4000/- each for the offence under Section 324/149 and fromRs.500/- to Rs.1000/- each for the offence under Section 323/149 of IPCwhich shall be deposited by them within a period of 30 days' from the date ofreceipt of certified copy of this order, failing which the appellants will haveto suffer the complete sentence as awarded by the trial Court. Out of theadditional fine amount deposited by the appellants, Rs.8000/- and Rs.3000/-be given to the complainant and injured- Khemchandra and Devendrarespectively as compensation. Rest of the amount shall be treated as cost ofthe prosecution.
5. In view of the above, this appeal is finally disposed of.
6. Let a copy of this order be sent alongwith the record to the concernedCourt for necessary compliance. Court for necessary compliance.
(AVANINDRA KUMAR SINGH) V. JUDGE
RAHUL Digitally signed by RAHUL SINGH PARIHAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT rahulOF MADHYA PRADESH BENCH GWALIOR, 2.5.4.20=eac942476567cd1b39b3da460684034SINGH 62fdf82ab676d0cde4dee473fe77953f5, postalCode=474001, st=Madhya Pradesh, serialNumber=0275C4F803F94C47998BE5C534E21BDED910FD4AB9D159B55575E814D05B2EEPARIHARD, cn=RAHUL SINGH PARIHAR Date: 2023.12.29 18:47:13 +05'30'