Madhya Pradesh High Court
CRA/37/2017 of AJAY RISHISHWAR Vs THE STATE OF MADHYA PRADESH THR on 29 December 2023
COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI
1
IN THE HIGH COURT OF MADHYA PRADESHAT GWALIORBEFORE
HON'BLE SHRI JUSTICE RAJENDRA KUMAR VANION THE 29[th] OF DECEMBER, 2023
CRIMINAL APPEAL No. 37 of 2017
BETWEEN:-
1.AJAY RISHISHWAR S/O SHRI GOPIRAM, AGEDABOUT 25 YEARS, R/O GRAM BHAGWASI POLICESTATION GOHAD DISTRICT BHIND (MADHYAPRADESH)
2.SHAILESH @ SOKESH SAXENA S/O DINESHSAXENA, AGED ABOUT 28 YEARS, R/O HOUSINGCOLONY BHIND (MADHYA PRADESH)
(BY SHRI M.L. YADAV - ADVOCATE)
.....APPELLANTS
AND
THE STATE OF MADHYA PRADESH THROUGH POLICESTATION CITY KOTWALI DISTRICT BHIND (MADHYAPRADESH)
.....RESPONDENT
(BY SHRI DHEERAJ BUDHOLIYA - GOVERNMENT ADVOCATE )
This appeal coming on for hearing this day, th e court passed the following:
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ORDER
This appeal has been filed by the appellants under Section 374 (2) ofCr.P.C. being aggrieved by the judgment dated 30.12.2016 passed by theSpecial Judge (Attrocities), District Bhind in Special Session Trial No.40/2010whereby the appellants have been convicted under Section 385 of the I.P.C andsentenced to undergo one year rigorous imprisonment with fine of Rs.2000/- each.
2 In brief case of the prosecution case is that appellants have entered thehouse of complainant Bharti Manjhi without giving any information and told himthat her caste certificate is fake, took the photographs of the educationaldocuments and caste certificate and threatened her that if she want to save herjobs, she would pay Rs.20000/- to them, otherwise, her fake documents wouldbe broadcasted on television. On her report Crime No.285/2009 was registeredat Police Station City Kotwali, District Bhind and appellants were arrested. Aftercompletion of investigation, charge-sheet was filed in the Court. Charges wereframed against accused persons which they denied and requested for trial. Aftertrial, appellants have been acquitted from the charges under Section 452 of theI.P.C. and Section 3(1)(iv) of the SC/ST Act but convicted under Section 385of the I.P.C. as aforesaid.
3. Learned counsel for the appellants/accused submitted that he does notwish to challenge the conviction of the appellants for the aforesaid offence. Asregards sentence, it is submitted by learned counsel for the appellants thatappellant No.1 has suffered three days and appellant No.2 has suffered 7 days jail sentence and they have been facing agony of trial since 2009 for a period ofnear about 14 years. Therefore, it is prayed that sentence of the appellants maybe reduced to the period already undergone while enhancing the fine amountsuitably.
4. Learned counsel for the State supported the impugned judgment but hehas no objection on deciding the appeal on the point of sentence.
5. Heard the learned counsel for the parties and perused the record.
6. After hearing learned counsel for both the parties and on perusal of therecord, it is found that trial Court has rightly appreciated the evidence onrecord and rightly convicted the appellants under Section 385 of the I.P.C.
hence, conviction of the appellants under Sections 385 of the I.P.C. needs nointerference.
7. As regards sentence, looking to the facts and circumstances of thecase and evidence on record, in the considered opinion of this Court, ends ofjustice would meet if while reducing the jail sentence of the appellants to theperiod already undergone by them, the fine be enhanced to Rs.4000/- underSection 385 of the I.P.C. Accordingly, while affirming the conviction of theappellants under Section 385 of the I.P.C. jail sentence o f the appellants isreduced to the period already undergone by them and fine amount is enhancedto Rs.4000/- each which shall be deposited by them within a period of twomonths from today, failing which the appellants will have to suffer the sentenceas awarded by the trial Court. The fine amount if any, already deposited by theappellants be adjusted against the aforesaid amount of fine. The entire amountof fine deposited by the appellants be paid to the complainant/injured ascompensation under Section 357 of Cr.P.C.
8. With the aforesaid, the appeal stands disposed of.
Ahmad
(RAJENDRA KUMAR VANI)JUDGE