Madhya Pradesh High Court
CRA/5732/2017 of SONU BAIGA Vs THE STATE OF MADHYA PRADESH on 29 December 2023
COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI
IN THE HIGH COURT OF MADHYA PRADESHAT JABALPURBEFORE
HON'BLE SHRI JUSTICE PRAMOD KUMAR AGRAWALON THE 29[th] OF DECEMBER, 2023
CRIMINAL APPEAL No. 5732 of 2017
BETWEEN:-
SONU BAIGA S/O BABADEEN BAIGA, AGED ABOUT 27YEAR S, R/O. VILL. TIPANKHOLI POLICE STATIONKOTWALI ANUPPUR DISTT. ANUPPUR (M.P.) (MADHYAPRADESH)
(BY SHRI MADAN SINGH - ADVOCATE)
.....APPELLANT
AND
THE STATE OF MADHYA PRADESH THR. POLICESTATION ANUPPUR DISTT. ANUPPUR (M.P.) (MADHYAPRADESH)
(BY SHRI R.P. PRAJAPATI - PANEL LAWYER)
.....RESPONDENT
This appeal coming on for final hearing this day, the court passed the following:
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ORDER
This appeal has been filed under Section 374(2) of the Cr.P.C. againstthe judgment of conviction dated 31.10.2017 passed by the Learned FirstAdditional Sessions Judge, Anuppur in S.T.No.99/2015, whereby learned Judgefound the appellant guilty for the offence punishable under Section 324 of theIPC and directed to suffer R.I. for 1 year and six months with fine ofRs.5000/- with default stipulation.
2. Relevant facts, briefly stated are that on the basis of report lodged,Crime No.21/2015 was registered against the appellant at Police Station
Anuppur, District Anuppur for commission of offence punishable underSections 323 and 324 of IPC. After completion of investigation, charge-sheethas been filed before the competent Court.
3. After recording the statements of prosecution witnesses andappreciating the evidence led by parties, learned trial Court has acquitted theappellant from the offence punishable under Section 323 and found him guiltyfor commission of offence punishable under Section 324 of the IPC andsentenced him as mentioned above. Being aggrieved with the impugnedjudgment, the appellant has preferred this criminal appeal before this Court.
4. Learned counsel for the appellant expressly gave up his challenge tothe findings of the Court below so far as the conviction of the appellant isconcerned. In other words, learned counsel for the appellant accepted thefinding of conviction passed against the appellant, however, he challenged thequantum of punishment alone. It is submitted that the appellant is the onlyearning person in his family, he is the first offender and counsel assures that hewill not involve in such criminal activities in future. It is also submitted thathaving regard to all circumstances which resulted in appellant's conviction andfurther keeping in view the fact that the appellant was facing the trial before theconcerned Court since the date of his incarceration, therefore, he prayed thathis jail sentence be reduced suitably.
5. Learned Panel Lawyer for the respondent/State has submitted that afterappreciating the evidence produced by the prosecution, the Court below haverightly found the appellant guilty for the aforesaid offence, therefore, nogrounds are available for reducing the jail sentence awarded to the appellant,hence, he prayed for dismissal of the appeal.
6. Having heard learned counsel for the parties and on perusal of entire record of the case, I am inclined to allow this appeal in part upon finding someforce in the submissions made by the learned counsel for the appellant.
7. Though the appellant has not made any attempt to assail the finding ofhis conviction on merits, yet with a view to satisfy myself as to whether thefindings of the Court below of conviction is legally sustainable or not, I perusedthe record and especially therein having so perused, I am satisfied that no caseis made out to interfere in the findings of the Court below on merits. From theperusal of the record, it reveals that the findings of the trial Court is based uponproper appreciation of oral and document evidence, therefore, upheld thefindings of conviction under Section 324 of the IPC recorded by the trial Court.
8. Considering the submissions of learned counsel for the appellant,natures of the substance, its quantity and period of jail sentence alreadyundergone by him, which is about 32 days and this appeal is pending since2017 and the appellant is facing trial since 2015, I am of the considered viewthat the ends of justice would be met if the appellant is sentenced for the periodalready undergone by him with some enhancement in the fine amount.
9. Consequently, the appeal is partly allowed. The impugned convictioni s hereby maintained. However, the jail sentence imposed on appellant isreduced to the period already undergone by him and the sentence of fine isenhanced from Rs.5,000/- to Rs.9,000/-. In default of payment of enhanced fineamount, the appellant shall suffer 3 month R.I. He be released forthwith, subjectto payment of fine and if not required in any other case. Amount of fine, if any,deposited earlier shall be adjusted.
10. With the aforesaid modification, the present criminal appeal standspartly allowed and disposed of.
11. Let a copy of this order alongwith record be sent to the court belowfor information and necessary compliance.
12. The enhanced fine amount shall be deposited by the appellant withina period of one month from today.
Certified copy as per Rules.
sh
(PRAMOD KUMAR AGRAWAL)JUDGE