Madhya Pradesh High Court

CRA/1327/2016 of NATHURAM Vs THE STATE OF MADHYA PRADESH THR on 29 December 2023

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COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE

1

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.1327 OF 2016

BETWEEN:-

1. NATHURAM, S/O SHRI GAJANMAL SEN, AGED 60YEARS, R/O GRAM BHAISRAWAN, POLICESTATION- CHHARCH, DISTRICT- SHIVPURI(MADHYA PRADESH) YEARS, R/O GRAM BHAISRAWAN, POLICESTATION- CHHARCH, DISTRICT- SHIVPURI(MADHYA PRADESH)

2. RAJU @ RAJENDRA, S/O NATHURAM SEN, AGED26 YEARS, R/O GRAM BHAISRAWAN, POLICESTATION- CHHARCH, DISTRICT- SHIVPURI(MADHYA PRADESH) 26 YEARS, R/O GRAM BHAISRAWAN, POLICESTATION- CHHARCH, DISTRICT- SHIVPURI(MADHYA PRADESH)

3. SONU, S/O NATHURAM SEN, AGED 23 YEARS, R/OGRAM BHAISRAWAN, POLICE STATION-CHHARCH, DISTRICT- SHIVPURI (MADHYAPRADESH)GRAM BHAISRAWAN, POLICE STATION-CHHARCH, DISTRICT- SHIVPURI (MADHYAPRADESH)

….....APPELLANTS

(BY SHRI AMAN AGRAWAL- ADVOCATE)

AND

STATE OF M.P. THROUGH POLICE STATION-CHHARCH, DISTRICT- SHIVPURI (MADHYAPRADESH)

….....RESPONDENT

(BY SHRI INDAR ASHTHANA– PANEL LAWYER)

--------------------------------------------------------------------------------------------- This appeal coming on for orders this day, the Court passed the following:

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ORDER

This appeal is pending since 2016. This appeal has been filed by theappellants against the judgment of conviction and order of sentence dated30/11/2016 passed by Sessions Judge, Shivpuri, District- Shivpuri (M.P.) inS.T. No.182/2015, whereby the appellants have been convicted andsentenced as under:-

2. Learned counsel for the appellants submits that appellants havealready been acquitted from the offence under Sections 294 and 506 Part-IIof IPC. Appellants have never served in custody for a single day and incidentis of the year 2015 and more than 8 years have lapsed, therefore, prayer forsetting aside 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 thefacts 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 325/34 and 323/34of IPC, jail sentence of the appellants can be reduced by enhancing the fineamount from Rs.2000/- to Rs.6000/- each for the offence under Section 325/34 and from Rs.500/- to Rs.1000/- each for the offence under Section323/34 of IPC. Accordingly, fine amount is enhanced from Rs.2000/- toRs.6000/- each for the offence under Section 325/34 and sentence of tillrising of the Court to be carried out in the trial Court and from Rs.500/- toRs.1000/- each for the offence under Section 323/34 of IPC which shall bedeposited by them within a period of 30 days' from the date of receipt ofcertified copy of this order, failing which the appellants will have to sufferthe complete sentence as awarded by the trial Court. Out of the additionalfine amount deposited by the appellants, Rs.6000/- and Rs.2000/- be given tothe complainant- Smt. Balla and Raju respectively as compensation. Rest ofthe amount shall be treated as cost of the 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.

RAHUL SINGH PARIHARrahulDigitally signed by RAHUL SINGH PARIHAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab676d0cde4dee473fe77953f5, postalCode=474001, st=Madhya Pradesh, serialNumber=0275C4F803F94C47998BE5C534E21BDED910FD4AB9D159B55575E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2023.12.29 18:46:35 +05'30'

(AVANINDRA KUMAR SINGH) V. JUDGE

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