Madhya Pradesh High Court
CRA/306/2017 of GIRRAJ Vs THE STATE OF MADHYA PRADESH THR on 29 December 2023
COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI
IN THE HIGH COURT OF MADHYA PRADESHAT GWALIORBEFORE
HON'BLE SHRI JUSTICE AVANINDRA KUMAR SINGHON THE 29[th] OF DECEMBER, 2023
CRIMINAL APPEAL No. 306 of 2017
BETWEEN:-
GIRRAJ S/O SHRI OMPRAKASH, AGED 30 YEARS, R/OVAISHNAV DHARMSHALA KE PASS FAKKADCHAURAHA, GANDHINAGAR DISTRICT SHEOPUR(MADHYA PRADESH)
(BY SHRI ANSHU GUPTA - ADVOCATE)
.....APPELLANT
AND
THE STATE OF MADHYA PRADESH THROUGH POLICESTATION AJAAK DISTRICT SHEOPUR (MADHYAPRADESH)
(BY SHRI I.S.ASTHANA - PANEL LAWYER)
.....RESPONDENT
This appeal coming on for hearing this day, th e court passed thefollowing:
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ORDER
This criminal appeal under Section 374 of Cr.P.C. has been filed by theappellant against the judgment of conviction and order of sentence dated09.02.2017 passed by learned Special Judge, District Sheopur inS.T.No.200051/2015, whereby the trial Court has acquitted the appellant underSection 294 and Section 3(1)(x) of SC/ST Act but has convicted him underSection 325 IPC and sentenced to undergo one year RI with fine of Rs.1,000/-,with default stipulation.
2. Learned counsel for the appellant submits that the quarrel took place due to non returnable of loan amount. The appellant remained in custody for 36days. He further submits that his only prayer is that fine amount may beenhanced.
3. Learned counsel for the State has no objection if fine amount ofappellant is enhanced and jail sentence is set aside.
4. Heard learned counsel for both the parties and perused the record.
5. Looking to the facts and circumstances of the case and perusal ofrecord and in considered view of this Court, the trial Court has properlyrecorded the conviction of the appellant as mentioned hereinabove. Hence, hisconviction is hereby affirmed; however, regarding quantum of sentence, bysetting aside jail sentence of the appellant, fine amount of appellant underSection 325 IPC is enhanced from Rs.1,000/- to Rs.10,000/- and if fine amountas imposed by the trial Court has already been deposited by the appellant, samebe adjusted. If appellant deposit fine amount as directed hereinabove within aperiod of 30 days from the date of receipt of certified copy of this order, as thejail sentence of appellant has already been suspended, his bail bonds shall standdischarged. The compensation amount of additional Rs.8,000/- be given tocomplainant-Guruprakash by the appellant.
6. Accordingly, this appeal is disposed of and rest of the impugnedjudgment is kept intact.
7. Let a copy of this order be sent to the trial Court concerned forinformation.
(AVANINDRA KUMAR SINGH)JUDGE