Madhya Pradesh High Court

CRA/5021/2020 of BHOLARAM Vs THE STATE OF MADHYA PRADESH on 29 December 2023

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

IN THE HIGH COURT OF MADHYA PRADESHAT GWALIOR

BEFOREHON'BLE SHRI JUSTICE AVANINDRA KUMAR SINGHON THE 29[th] OF DECEMBER, 2023

CRIMINAL APPEAL NO.5021 OF 2020

BETWEEN:-

1. BHOLARAM, S/O SHRI HARIRAM MAINA, AGED32 YEARS, R/O GRAM KALU AAMKHEDA, POLICESTATION- SHAMSHABAD, DISTRICT-VIDISHA(MADHYA PRADESH) 32 YEARS, R/O GRAM KALU AAMKHEDA, POLICESTATION- SHAMSHABAD, DISTRICT-VIDISHA(MADHYA PRADESH)

2. BABLU, S/O SHRI PARASRAM MAINA, AGED 29YEARS, R/O GRAM KALU AAMKHEDA, POLICESTATION- SHAMSHABAD, DISTRICT-VIDISHA(MADHYA PRADESH) YEARS, R/O GRAM KALU AAMKHEDA, POLICESTATION- SHAMSHABAD, DISTRICT-VIDISHA(MADHYA PRADESH)

3. SURYA PRAKASH, S/O SHRI BHUPAT SINGHMAINA, AGED 28 YEARS, R/O GRAM KALUAAMKHEDA, POLICE STATION- SHAMSHABAD,DISTRICT-VIDISHA (MADHYA PRADESH) MAINA, AGED 28 YEARS, R/O GRAM KALUAAMKHEDA, POLICE STATION- SHAMSHABAD,DISTRICT-VIDISHA (MADHYA PRADESH)

4.KETAR SINGH S/O SHRI SARDAR SINGH MAINA,AGED 31 YEARS, R/O GRAM KALU AAMKHEDA,POLICE STATION- SHAMSHABAD, DISTRICT-VIDISHA (MADHYA PRADESH) AGED 31 YEARS, R/O GRAM KALU AAMKHEDA,POLICE STATION- SHAMSHABAD, DISTRICT-VIDISHA (MADHYA PRADESH)

5.BANTI MAINA, S/O SHRI RADHESHYAM MAINA,AGED ABOUT 27 YEARS, R/O GRAM KALUAAMKHEDA, POLICE STATION- SHAMSHABAD,DISTRICT-VIDISHA (MADHYA PRADESH) AGED ABOUT 27 YEARS, R/O GRAM KALUAAMKHEDA, POLICE STATION- SHAMSHABAD,DISTRICT-VIDISHA (MADHYA PRADESH)

6.SONU MAINA, S/O SHRI RADHESHYAM MAINA,AGED ABOUT 24 YEARS, R/O GRAM KALUAAMKHEDA, POLICE STATION- SHAMSHABAD,DISTRICT-VIDISHA (MADHYA PRADESH)AGED ABOUT 24 YEARS, R/O GRAM KALUAAMKHEDA, POLICE STATION- SHAMSHABAD,DISTRICT-VIDISHA (MADHYA PRADESH)

7.ABHISHEK, S/O SHRI RADHESHYAM MAINA,AGED 23 YEARS, R/O GRAM KALU AAMKHEDA,POLICE STATION- SHAMSHABAD, DISTRICT-VIDISHA (MADHYA PRADESH)AGED 23 YEARS, R/O GRAM KALU AAMKHEDA,POLICE STATION- SHAMSHABAD, DISTRICT-VIDISHA (MADHYA PRADESH)

8.MAHARAJ SINGH, S/O SHRI PARASRAM MAINA,AGED 24 YEARS, R/O GRAM KALU AAMKHEDA,AGED 24 YEARS, R/O GRAM KALU AAMKHEDA, POLICE STATION- SHAMSHABAD, DISTRICT-VIDISHA (MADHYA PRADESH)

9.TEEKARAM MAINA S/O SHRI BHARAT SINGHMAINA, AGED 37 YEARS, R/O GRAM KALUAAMKHEDA, POLICE STATION- SHAMSHABAD,DISTRICT-VIDISHA (MADHYA PRADESH)

….....APPELLANTS

(BY SHRI ANSHU GUPTA - ADVOCATE)

AND

STATE OF M.P. THROUGH POLICE STATION-SHAMSHABAD, DISTRICT- VIDISHA (MADHYAPRADESH)

….....RESPONDENT

(BY SMT. KALPANA PARMAR – PANEL LAWYER)

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

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ORDER

This appeal is pending since 2020. This appeal has been filed by theappellants against the judgment of conviction and order of sentence dated10/09/2020 passed by II Additional Sessions Judge, Ganjbasoda, District-Vidisha (M.P.) in S.T. No.182/2015, whereby the appellants have beenacquitted from the charge of offence under Sections 294, 427, 452, 308/149and 506 of IPC and convicted and sentenced as under:-

2. Allegation against the appellants, in short, is that on 04/10/2015 atabut 9:30 PM, some altercation took place between the appellants and complainant and on that, appellants abused filthily and assaulted thecomplainant party by means of Farsa, knife and sticks (danda), due to which,complainanat party received injuries. On the basis of aforesaid, crime hasbeen registered against the appellants.

3. Learned counsel for the appellants submits that appellants have notremained in judicial custody for a single day and incident is of the year 2015and more than 8 years have lapsed, therefore, prayer for setting aside the jailsentence 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 324/149 and323/149 (5 counts) of IPC, jail sentence of the appellants can be reduced byenhancing the fine amount from Rs.500/- to Rs.5000/- each for the offenceunder Section 324/149 and from Rs.200/- (5 counts) to Rs.500/- each for theoffence under Section 323/149 of IPC. Accordingly, fine amount is enhancedfrom Rs.500/- to Rs.5000/- each for the offence under Section 324/149 andfrom Rs.200/- (5 counts) to Rs.500/- each for the offence under Section323/149 of IPC which shall be deposited by them within a period of 30 days'from the date of receipt of certified copy of this order, failing which theappellants will have to suffer the complete sentence as awarded by the trialCourt. Out of the additional fine amount deposited by the appellants,Rs.10,000/- each be given to the complainant and injured- Raghuraj,Kishanpal, Bhupat Singh, Ramvishal and Manish 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 concerned 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 18:46:49 +05'30'

(AVANINDRA KUMAR SINGH)

V. JUDGE

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