Madhya Pradesh High Court

CRA/1146/2017 of PRADEEP RAWAT Vs THE STATE OF MADHYA PRADESH on 29 December 2023

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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, 2023CRIMINAL APPEAL No. 1146 of 2017

BETWEEN:-

1.PRADEEP RAWAT S/O SHRI HARISH CHANDRARAWAT, AGED ABOUT 22 YEARS, R/O VILLAGEBAHGAWAN P.S. SEHORE, DISTRICT SHIVPURI(MADHYA PRADESH)RAWAT, AGED ABOUT 22 YEARS, R/O VILLAGEBAHGAWAN P.S. SEHORE, DISTRICT SHIVPURI(MADHYA PRADESH)

2.RAHUL S/O SHRI HARISH CHANDRA RAWAT,AGED ABOUT 18 YEARS, R / O VILLAGEBAHGAWAN P.S. SEHORE, DISTRICT SHIVPURI(MADHYA PRADESH)AGED ABOUT 18 YEARS, R / O VILLAGEBAHGAWAN P.S. SEHORE, DISTRICT SHIVPURI(MADHYA PRADESH)

3.HARISH CHANDRA S/O SHRI GYASIRAM RAWAT,AGED ABOUT 40 YEARS R/O VILLAGE BAHGAWANP.S. SEHORE, DISTRICT SHIVPURI (MADHYAPRADESH), AGED ABOUT 40 YEARS R/O VILLAGE BAHGAWANP.S. SEHORE, DISTRICT SHIVPURI (MADHYAPRADESH), (BY SHRI V.K. AGARWAL - ADVOCATE)

.....APPELLANTS

AND

THE STATE OF MADHYA PRADESH THROUGH POLICESTATION SEHORE, DISTRICT SHIVPURI (MADHYAPRADESH)

(BY SHRI ATUL SHARMA - 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) ofCr.P.C. being aggrieved by the judgment dated 12.08.2017 passed by theAdditional Sessions Judge, Karera, District Shivpuri in Session Trial

No.178/2015 whereby the appellants have been convicted under Sections323/34 and 325/34 of the I.P.C and sentenced to undergo six months rigorousimprisonment with fine of Rs.1000/- and one year rigorous imprisonment withfine of Rs.3000/- each respectively with default stipulation.

2 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 13 days, appellant No.2 has suffered seven daysand appellant No.3 has suffered 4 days jail sentence and they have been facingagony of trial since 2015 for a period of near about 8 years. Incident took placeall of sudden in a heat of passion. Therefore, it is prayed that sentence of theappellants may be reduced to the period already undergone while enhancing thefine 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 Sections 323/34 and 325/34 of the I.P.C. hence, conviction of the appellants under Sections 323/34 and325/34 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.2000/- underSection 325/34 of the I.P.C each. Accordingly, while affirming the conviction of the appellants under Sections 323/34 of the I.P.C. and 325/34 of the I.P.C. jailsentence of the appellants is reduced to the period already undergone by themand fine amount is enhanced to Rs.2000/- under Section 325/34 each 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 amount if any, already deposited by the appellants be adjustedagainst the aforesaid amount of fine. The fine sentence under Section 323/34 ofthe I.P.C. is hereby affirmed. The entire amount of fine deposited by theappellants be paid to the complainant/injured as compensation under Section357 of Cr.P.C.

7. With the aforesaid, the appeal stands disposed of.

Ahmad

(RAJENDRA KUMAR VANI)JUDGE

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