Madhya Pradesh High Court
CRA/5558/2017 of NEERAJ SILAVAT Vs THE STATE OF MADHYA PRADESH on 29 December 2023
COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI
IN THE HIGH COURT OF MADHYA PRADESHAT GWALIORBEFORE
HON'BLE SHRI JUSTICE RAJENDRA KUMAR VANION THE 29[th] OF DECEMBER, 2023
CRIMINAL APPEAL No. 5558 of 2017
BETWEEN:-
1.NEERAJ SILAVAT S/O SHRI GUTTI LAL SILAVAT,AGED ABOUT 30 YEARS, R/O VILLAGE PAIRVARA,POLICE STATION KOTVALI, DISTRICT VIDISHA(MADHYA PRADESH)AGED ABOUT 30 YEARS, R/O VILLAGE PAIRVARA,POLICE STATION KOTVALI, DISTRICT VIDISHA(MADHYA PRADESH)
2.LAXMAN SILAVAT S/O SHRI GUTTI LAL SILAVAT,AGED ABOUT 27 YEARS, R/O VILLAGE PAIRVARA,POLICE STATION KOTVALI, DISTRICT VIDISHA(MADHYA PRADESH)AGED ABOUT 27 YEARS, R/O VILLAGE PAIRVARA,POLICE STATION KOTVALI, DISTRICT VIDISHA(MADHYA PRADESH)
3.BHARAT SINGH SILAVAT S/O SHRI GUTTI LALSILAVAT, AGED ABOUT 37 YEARS, R/O VILLAGEPAIRVARA, POLICE STATION KOTVALI, DISTRICTVIDISHA (MADHYA PRADESH)SILAVAT, AGED ABOUT 37 YEARS, R/O VILLAGEPAIRVARA, POLICE STATION KOTVALI, DISTRICTVIDISHA (MADHYA PRADESH)
4.KHARE SILAVAT S/O SHRI GUTTI LAL SILAVAT,AGED ABOUT 35 YEARS, R/O VILLAGE PAIRVARA,POLICE STATION KOTVALI, DISTRICT VIDISHA(MADHYA PRADESH)AGED ABOUT 35 YEARS, R/O VILLAGE PAIRVARA,POLICE STATION KOTVALI, DISTRICT VIDISHA(MADHYA PRADESH)
(BY SHRI B.K. TYAGI - ADVOCATE )
.....APPELLANTS
AND
THE STATE OF MADHYA PRADESH POLICE STATIONKOTVALI, DISTRICT VIDISHA (MADHYA PRADESH)
(BY SHRI GIRRAJ SONI - PUBLIC PROSECUTOR )
.....RESPONDENT
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) of
Cr.P.C. being aggrieved by the judgment dated 31.10.2017 passed by IVthAdditional Sessions Judge, Vidisha, District Vidisha in Session TrialNo.31/2010 whereby the appellants has been convicted under Section 323 (ontwo counts) of the I.P.C and sentenced to undergo four months rigorousimprisonment with fine of Rs.100/- on each count with default stipulation.
2 Learned counsel for the appellants/accused submitted that he does not wish to challenge the conviction of the appellants for the aforesaid offence. Asregards sentence, it is submitted by learned counsel for the appellants thatappellants have suffered 4 days jail sentence and they have been facing agony oftrial since 2009 for a period of near about 14 years. Therefore, it is prayed thatsentence of the appellants may be reduced to the period already undergonewhile enhancing the fine amount suitably.
3. Learned counsel for the State supported the impugned judgment but hehas no objection on deciding the appeal on the point of sentence.
4. Heard the learned counsel for the parties and perused the record.
5. After hearing learned counsel for both the parties and on perusal of the record, it is found that trial Court has rightly appreciated the evidence onrecord and rightly convicted the appellants under Section 323(on two counts)of the I.P.C. hence, conviction of the appellants under Section 323 (on twocounts) of the I.P.C. needs no interference.
6. 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.1000/- underSection 323 (on two counts) of the I.P.C. each. Accordingly, while affirmingthe conviction of the appellants under Section 323 (on two counts) of the I.P.C.
jail sentence of the appellants is reduced to the period already undergone bythem and fine amount is enhanced to Rs.1000/- under Section 323(on twocounts) of the I.P.C. each which shall be deposited by them within a period oftwo months from today, failing which the appellants will have to suffer thesentence as awarded by the trial Court. The fine amount if any, alreadydeposited by the appellants be adjusted against the aforesaid amount of fine.The entire amount of fine deposited by the appellants be paid to thecomplainant/injured as compensation under Section 357 of Cr.P.C.
7. With the aforesaid, the appeal stands disposed of.
Ahmad
(RAJENDRA KUMAR VANI)JUDGE