CRA/721/2016 of VINOD Vs THE STATE OF MADHYA PRADESH on 29 December 2023

ORDER

Appellants have filed this appeal under Section 374(2) of Cr.P.C. beingaggrieved by judgment of conviction and order of sentence dated 30/07/2016passed by Third Additional Sessions Judge, District Morena inS.T.No.143/2013; whereby, learned trial Court acquitting the appellants fromcharges of offence under Section 147, 148, 294 and 336 of IPC. Learned trial

Court convicted appellant No. 1- Vinod for offence under Section 452, 323(two count) and 323/34 (three count) and sentenced him to undergo one yearand 3-3 months for each count and 3-3 months for each count RI with fine ofRs.500/- for each count, total fine Rs.3,000/- and in default of payment of fineto further undergo 15 days respectively. Appellant No. 2- Ajmer for offenceunder Section 452, 323/34 (five count) and sentenced him to undergo one yearand 3-3 months for each count RI with fine of Rs.500/- for each count, totalfine Rs.3,000/- and in default of payment of fine to further undergo 15 daysrespectively. Appellant No. 3- Vikram for offence under Section 452, 323 (twocount), 323/34 (three count) and sentenced him to undergo one year, 3-3months for each count and 3-3 months for each count RI with fine of Rs.500/-for each count, total fine Rs.3,000/- and in default of payment of fine to furtherundergo 15 days respectively.

2. Although this appeal has been filed on merits but today, learned counsel for the appellants pressed the appeal only regarding sentence part isconcerned and do not press the conviction part as mentioned above. It issubmitted that as per para 16 of the judgment accused Harveer, Raghunath,Jagdish, Harkishan and Rajveer were acquitted.

3. Learned counsel for the State expressed no objection if the aboveprayer is allowed.

4 . Although, conviction part of the impugned judgment has not beenpressed on merits but to do substantial justice, judgment of the trial Court isperused, oral and documentary evidence seen and after perusing the judgmentas well as the record, this Court is of the view that the trial Court has properlyrecorded the conviction of the appellants as mentioned hereinabove. Hence,their conviction is hereby affirmed; however, regarding quantum of sentence, while reducing the jail sentence of appellant Vikram to the period alreadyundergone by the appellant- Vikram which is 1 day but appellants Vinod andAjmer have not remained in jail, while maintaining the sentence of payment offine amount under Section 323 and 323/34 of IPC is enhanced from Rs.500/- toRs.1,000/- each count for each accused, for commission of offence underSection 452 of IPC, the fine amount is enhanced from Rs. 500/- to Rs. 2,000/-each and the appellants Ajmer and Vinod shall remain in custody till rising of theCourt to be carried out in the trial Court and if fine amount as imposed by thetrial Court has already been deposited by the appellants, same be adjusted. Ifappellants deposit fine amount as directed hereinabove within a period of 30days from the date of receipt of certified copy of this order, as the jail sentenceof appellants has already been suspended, their bail bonds shall standdischarged and if they fails to deposit the fine amount, they have to undergototal jail sentence of one month each.