Madhya Pradesh High Court
CRA/296/2014 of GYAN SINGH Vs THE STATE OF MADHYA PRADESH on 29 December 2023
COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI
1
IN THE HIGH COURT OF MADHYA PRADESHAT JABALPURBEFORE
HON'BLE SHRI JUSTICE DEVNARAYAN MISHRAON THE 29[th] OF DECEMBER, 2023
CRIMINAL APPEAL No. 296 of 2014
BETWEEN:-
1.GYAN SINGH S/O SHRI GANGA SINGH, AGEDABOUT 34 YEARS, VILLAGE DHANKHER, PS CIVILLINES, SATNA (MADHYA PRADESH)ABOUT 34 YEARS, VILLAGE DHANKHER, PS CIVILLINES, SATNA (MADHYA PRADESH)
2.ANOOP SINGH @ THOKIA S/O SHRI JAMUNAS I N GH VILL. DHANKHER, P.S. CIVIL LINES,SATNA (MADHYA PRADESH)S I N GH VILL. DHANKHER, P.S. CIVIL LINES,SATNA (MADHYA PRADESH)
3.PRABHAV SINGH S/O SHRI RANA PRATAP SINGHVILL. DHANKHER, P.S. CIVIL LINES, SATNA(MADHYA PRADESH)VILL. DHANKHER, P.S. CIVIL LINES, SATNA(MADHYA PRADESH)
4.RUDAN SINGH S/O SHRI NARENDRA SINGH VILL.DHANKHER, P.S. CIVIL LINES, SATNA (MADHYAPRADESH)DHANKHER, P.S. CIVIL LINES, SATNA (MADHYAPRADESH)
5.UDAY SINGH @ BHOLE S/O SHRI NARENDRAS I N GH VILL. DHANKHER, P.S. CIVIL LINES,SATNA (MADHYA PRADESH)S I N GH VILL. DHANKHER, P.S. CIVIL LINES,SATNA (MADHYA PRADESH)
(JANJAY KUSHWAHA - ADVOCATE FOR THE PETITIONERS.)
.....APPELLANT
AND
THE STATE OF MADHYA PRADESH STATION HOUSEOFFICER PS AJJAK, SATNA (MADHYA PRADESH)
.....RESPONDENTS
( SANDEEP KUMAR DUBEY - P.L. APPEARING ON BEHALF OFADVOCATE GENERAL.)
This appeal coming on for hearing this day, th e court passed the
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER
This appeal has been preferred by the appellants being aggrieved with theJudgment and sentence of conviction dated 16.1.2014 passed by Special Judge,S.C./S.T. (P.A.) Act, in Special Case No.29/2011, by which the appellantshave been convicted for offences punishable under Sections 325/149 and 148of IPC and sentenced to six months and three months R.I. respectively and fineamount of Rs.2,000/- each.
2. The basic charges against the appellants are that on 13.6.2010 at 4:00p.m., they all, after constituting the illegal assembly assaulted Mr. Jailal Ahirwarand caused grievous injuries to him, thus the charges under Sections 325/149 ,148, 294, 506 (Part-II) of IPC and Section 3(1)(x) of S.C./S.T. (P.A.) Act,1989 were framed. After trial, the trial court by impugned judgment acquittedthe appellants from the rest of the charges, but convicted them for the offencespunishable under Sections 325/149 and for section 148 as stated above.
3. Learned counsel for the appellants has submitted that he is notchallenging the conviction of appellants. Jail sentence be reduced to the periodalready undergone.
4. Learned Panel Lawyer for the State has submitted that he has noobjection if the jail sentence be reduced, but substantial fine amount isenhanced.
5. Heard the parties and perused the case records. As per the prosecution case, 11 injuries were caused to the victim, in which three fractureswere caused.
6. Looking to the Judgment and the prosecution evidence, theconviction of the appellants under Sections 325/149 and 148 of IPC ismaintained and affirmed.
7. Considered on the point of sentence. Looking to the injuries causedto the victim and looking to the fact that the victim is of the person ofScheduled Caste, though the jail sentence imposed for the offences punishableunder Sections 325/149 and 148 is reduced for the period already undergone,from 1 day to 8 days, but the fine amount is enhanced for the offencepunishable under Section 325/149 of IPC, from Rs.2,000/- (Rupees TwoThousand) to Rs.10,000/- (Rupees Ten Thousand) each after adjusting theprevious amount of fine, if already paid.
8. For the offences punishable under Section 148, the jail sentence isreduced to the period undergone, but the fine amount is imposed for Rs.2,000/-.
9. After adjusting the prior deposited amount, the rest of the amountshall be deposited by the appellants within three months of the receipt of copyof this order, before the trial court. In default, the defaulting appellants shallundergo simple imprisonment for the period of four months and one monthrespectively, and consecutively for each default. After the fine amount isdeposited, Rs.50,000/- be paid to the complainant Jailal Ahirwar S/o Shri Dhorai Ahirwar, R/o Reura Farm, P.S. Civil Lines, Satna, District Satna (M.P.).
8. The order of the trial court regarding case property is affirmed
9. With the above modification, the appeal is partly allowed.
10. With the copy of the order of this Court, the record of the trial court be returned back.
nd
(DEVNARAYAN MISHRA)JUDGE
Digitally signed by NIDHI DAVE Date: 2023.12.30 10:20:17 -08'00'