CRA/808/2016 of HARI SINGH Vs THE STATE OF MADHYA PRADESH THR 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 31/08/2016passed by First Additional Sessions Judge, Sabalgarh, District Morena in

S.T.No.128/2011; whereby, learned trial Court acquitting the appellants fromcharge of offence under Section 506-II of IPC. Learned trial Court convictedappellant No. 1- Hari Singh for offence under Section 323, 324 and 325/34 andsentenced him to undergo three months, six months and one year RI with fineof Rs.500/-, Rs.1,000/- and Rs.1,000/- and in default of payment of fine tofurther undergo 15 days, one month and two month imprisonment respectively.Appellant No. 2- Lohare for offence under Section 323, 324/34 and 325 andsentenced him to undergo three months, six months and one year RI with fineof Rs.500/-, Rs.1,000/- and Rs.1,000/- and in default of payment of fine tofurther undergo 15 days, one month and two month imprisonment respectively.appellant No. 3- Girraj for offence under Section 323/34, 324/34 and 325/34and sentenced him to undergo three months, six months and one year RI withfine of Rs.500/-, Rs.1,000/- and Rs.1,000/- and in default of payment of fine tofurther undergo 15 days, one month and two month imprisonment respectively.Appellant No. 4- Sugreev for offence under Section 323/34, 324/34 and 325and sentenced him to undergo three months, six months and one year RI withfine of Rs.500/-, Rs.1,000/- and Rs.1,000/- and in default of payment of fine tofurther undergo 15 days, one month and two month imprisonment respectively.

2. Although this appeal has been filed on merits but today, learnedcounsel for the appellants pressed the appeal only regarding sentence part isconcerned and do not press the conviction part as mentioned above.

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 judgment

as 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 to the period, appellants have not remained injail, while maintaining the sentence of payment of fine amount under Section 323and 323/34 of IPC is enhanced from Rs.500/- to Rs.1,000/- each, forcommission of offence under Section 324 and 324/34 of IPC, the fine amountis enhanced from Rs. 1,000/- to Rs. 3,500/- each and for commission ofoffence under Section 325 and 325/34 of IPC, the fine amount is enhancedfrom Rs. 1,000/- to Rs.10,000/- each with imprisonment till rising of the Courtto be carried out in the trial Court and if fine amount as imposed by the trialCourt has already been deposited by the appellants, same be adjusted. Out ofthe enhanced fine amount of Rs. 48,000/- to be deposited by the appellants bepaid to Rs.8,000/- to victim Anandi, Rs.25,000/- be paid to victim Amarlal,Rs.1,000-1,000/- be paid to victim Shyam Sundar and Shashi as compensation,and if necessary by summoning them. If appellants deposit fine amount asdirected hereinabove within a period of 30 days from the date of receipt ofcertified copy of this order, as the jail sentence of appellants has already beensuspended, their bail bonds shall stand discharged and if they fails to depositthe fine amount, they have to undergo total jail sentence of one month each.

5. Accordingly, appeal is allowed in part with the above observations.Let a copy of this order be sent to the trial Court concerned forinformation.

(AVANINDRA KUMAR SINGH)