CRA/3573/2017 of KAMLESH YADVUVANSHI Vs THE STATE OF MADHYA PRADESH on 29 December 2023

ORDER

This appeal has been filed under Section 374(2) of the Cr.P.C. againstthe judgment of conviction dated 29.08.2017 passed by the First AdditionalSessions Judge, Hoshangabad District - Hoshangabad in ST No.02/2015,whereby learned trial Court found the appellants guilty for the offencepunishable under Sections 148 and 324/149 of IPC (each) and directed them tosuffer R.I. for 06 months and R.I. for 06 months and fine of Rs.500/- andRs.500/- (each) respectively.

2. Relevant facts, briefly stated are that on the basis of report lodged,Crime was registered against the appellants at Police Station Shivpur, DistrictHoshangabad for commission of offence punishable under Sections 147, 148,324 and 341 of the IPC (each). After completion of investigation, charge-sheethas been filed before the competent Court.

3. After recording the statements of prosecution witnesses andappreciating the evidence led by parties, learned trial Court found the appellantsguilty for the offence punishable under Sections 148 and 324/149 of IPC andsentenced them as mentioned above. Being aggrieved with the impugnedjudgment, the appellants have preferred this criminal appeal before this Court.

4. Learned counsel for the appellants expressly gave up his challenge to

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the findings of the Court below so far as the conviction of the appellants isconcerned. In other words, learned counsel for the appellants accepted thefinding of conviction passed against the appellants, however, he challenged thequantum of punishment alone. The appellants are the first offender and counselassures that they will not involve in such criminal activities in future. Simpleinjury has been caused to the complainants. It is also submitted that havingregard to all circumstances which resulted in appellants' conviction and furtherkeeping in view the fact that the appellants are facing the trial since the year 2015and appeal is pending since 2017, therefore, he prayed that the appellants maybe sentenced only with fine.

5. Learned counsel for the respondent/State has submitted that afterappreciating the evidence produced by the prosecution, the Court below hasrightly found the appellants guilty for the aforesaid offence, therefore, nogrounds are available for reducing the jail sentence awarded to the appellant,hence, he prayed for dismissal of the appeal.

6. Having heard learned counsel for the parties and on perusal of entirerecord of the case, I am inclined to allow this appeal in part upon finding someforce in the submissions made by the learned counsel for the appellants.

7. Though the appellants have not made any attempt to assail the findingof their conviction on merits, yet with a view to satisfy myself as to whether thefindings of the Court below of conviction is legally sustainable or not, I perusedthe record and especially therein having so perused, I am satisfied that no caseis made out to interfere in the findings of the Court below on merits. From theperusal of the record, it reveals that the finding of the trial court is based onproper appreciation of oral and documentary evidence therefore, upheld thefindings of conviction of appellants under Sections 148 and 324/149 of IPC

recorded by the Court below.

8. Considering the submissions of learned counsel for the appellants andthe fact that the appellants have no previous criminal antecedents and thisappeal is of the year 2017 and looking to the facts and circumstances of thepresent case, I am of the considered view that the ends of justice would be metif the appellants are sentenced only with fine.

9. Consequently, the appeal is partly allowed. The impugned convictionis hereby maintained. However, the jail sentence imposed on appellants is setaside as the appellants are only sentenced with fine of Rs.1,000/- under Section148 of IPC and Rs.3000/- under Section 324/149 of IPC which shall bedeposited within a period of 45 days from the date of receipt of certified copyof the order. In default of payment of enhanced fine amount within thestipulated period, the appellants shall suffer 1 month R.I. Appellants are on bail,their bail bonds stand discharged.

10. With the aforesaid modification, the present criminal appeal standspartly allowed and disposed of.

Let a copy of this order alongwith record be sent to the court below forinformation and necessary compliance.

Certified copy as per Rules.

DPS

(PRAMOD KUMAR AGRAWAL)V. JUDGE