Madhya Pradesh High Court
CRA/5058/2017 of RADHAMOHAN 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. 5058 of 2017
BETWEEN:-
1.RADHAMOHAN S/O SHRI AJAN PRASAD, AGEDABOUT 50 YEARS, OCCUPATION: KARSHI,
2.GIRJA MOHAN S/O AJAN PRASAD, AGED ABOUT40 YEARS,40 YEARS,
3.RISHIKANT S/O RADHAMOHAN, AGED ABOUT 26YEARS, YEARS,
4.BASANT SINGH S/O SUKHPAL SINGH, AGEDABOUT 25 YEARS, ALL R/O GRAM BASANTPURA, P.S. ROUN,DISTRICT BHIND (MADHYA PRADESH)
(BY SHRI PRASOON MAHESHWARI - ADVOCATE)
.....APPELLANTS
AND
THE STATE OF MADHYA PRADESH INCHARGE POLICESTATION ROUN, P.S. ROUN, DISTRICT BHIND (MADHYAPRADESH)
(BY SHRI GIRRAJ SONI - PANEL LAWYER)
.....RESPONDENT
This appeal coming on for hearing this day, th e court passed the following:
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ORDER
1. This appeal has been filed by the appellants under Section 374 (2) ofCr.P.C. being aggrieved by the judgment dated 06.11.2017 passed by SpecialJudge (Atrocities), Bhind in Special Case No.40/2015 whereby appellants have been convicted under Section 452 of IPC and sentenced to undergo one yearrigorous imprisonment with fine of Rs.1000/- each, Section 148 of IPC andsentenced to undergo six months rigorous imprisonment with fine of Rs.500/-each and Section 323 of IPC and sentenced to undergo six months R.I. withfine of Rs.1000/- each and appellant No.2 Girjamohan and under Section 323 ofIPC and sentenced to undergo one year RI with fine of Rs.1000/- for causinginjury to Longshri, with default stipulations.
2. Learned counsel for the appellants submits that he does not wish tochallenge the conviction of the appellants for the aforesaid offence. As regardssentence, it is submitted by learned counsel for the appellants that appellantNo.1 Basant Singh has already suffered 06 days jail sentence and remainingappellants have already suffered 03 days jail sentence and they have been facingagony of trial since 2014 for a period of near about 09 years. It is submitted bylearned counsel for the appellants that injured persons suffered simple injuries inthe incident. Therefore, it is prayed that sentence of the appellants may bereduced to the period already undergone by them while enhancing the fineamount suitably.
3. Learned counsel for the State supported the impugned judgment, buthe has no objection on deciding the appeal on the point of sentence.
4. Heard 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 Sections 452, 148 and 323 ofIPC as stated above, hence, conviction of the appellants for the aforesaidoffences needs no interference.
6. As regards sentence, looking to the facts and circumstances of the case 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.2000/- underSection 148 of the I.P.C and Rs. 3000/- under Section 452 of IPC.Accordingly, while affirming the conviction of the appellants under Sections452, 148, 323 of IPC as aforesaid, jail sentence of the appellants is reduced tothe period already undergone by them and fine amount is enhanced to Rs.2000/-under Section 148 of the I.P.C and Rs. 3000/- under Section 452 of IPC whichshall be deposited by them within a period of two months from today, failingwhich the appellants will have to suffer the sentence as awarded by the trialCourt. The fine sentence under Section 323 of IPC is hereby affirmed. The fineamount, if any already deposited by the appellants be adjusted against theaforesaid amount of fine. The entire amount of the fine deposited by theappellants be paid to the complainant/injured as compensation under Section357 of Cr.P.C.
With the aforesaid, the appeal stands disposed of.
Ahmad