Madhya Pradesh High Court
CRA/1241/2021 of MANGLIYA Vs THE STATE OF MADHYA PRADESH on 29 December 2023
COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI
1
IN THE HIGH COURT OF MADHYA PRADESHAT INDOREBEFORE
HON'BLE SHRI JUSTICE ACHAL KUMAR PALIWALON THE 29[th] OF DECEMBER, 2023
CRIMINAL APPEAL No. 1241 of 2021
BETWEEN:-
MANGLIYA S/O BACCHU DAMOR, AGED ABOUT 35YEARS, OCCUPATION: AGRICULTURIST R/O VILLAGELAALJI MAANDLI, P.S. RANAPUR DISTRICT JHABUA(MADHYA PRADESH)
.....APPELLANT
(SHRI ABHAY SARASWAT, LEARNED COUNSEL FOR THE APPELLANT)
AND
THE STATE OF MADHYA PRADESH THROUGH P.S.RANAPUR, DISTRICT JHABUA (MADHYA PRADESH)
.....RESPONDENT
(MS. HARSHLATA SONI, PANEL LAWYER FOR THE RESPONDENT/STATE)
This appeal coming on for hearing this day, th e court passed the following:
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ORDER
This criminal appeal under Section 374 of Cr.P.C. has been filed by theappellant being aggrieved by the judgment dated 13.02.2021, passed by learnedSessions Judge, Jhabua in S.T.No.100/2017, whereby the appellant has beenconvicted for offence under Section 324 of IPC and sentenced to undergo 1Year R.I. with fine of Rs.1,000/- with default stipulation.
2. Learned counsel for the appellant, at the outset, submits that he is notchallenging impugned judgment on merits and is confining his argument on thepoint of sentence only.
3. I have heard the learned counsel for the parties and perused the record of the case.
4. So far as conviction is concerned, I have gone through the evidenceadduced by the prosecution and perusal of the same reveal that learned trialcourt has rightly convicted the appellant under Section 324 of IPC. Hence, thefindings recorded by the trial Court with respect to conviction are affirmed.
5. So far as sentence is concerned, perusal of the evidence on record,specially medical evidence, reveals that there is one stab wound on lateral partof left leg. The incident relates to the year 2017. There are no criminalantecedents against the appellant. Hence, in view of above and facts andcircumstances of the case, interest of justice would be served if sentence of theappellant is set aside by enhancing the fine amount.
6. In view of above, the appeal filed by the appellant is partly allowedand sentence of imprisonment of appellant for offence under Section 324 ofIPC is set aside and fine amount is enhanced from Rs.1,000/- to Rs.5,000/-and in default of payment of fine, three month S.I.
7. Appellant is directed to deposit the above fine amount within a periodof three months from today failing which appellant shall surrender before thetrial Court to undergo the remaining sentence of imprisonment imposed by thetrial Court. Fine amount, if any, already deposited, be adjusted in fine amountenhanced above. After realization of above fine amount, Rs.4,000/- be paid tothe complainant Mukesh as compensation.
8. With the aforesaid present appeal stands partly allowed to the extentindicated above.