Madhya Pradesh High Court

CRA/5494/2018 of RADHESHYAM 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, 2023

CRIMINAL APPEAL No. 5494 of 2018

BETWEEN:-

1.RADHESHYAM S/O SHRI SARVAN LAL SHARMA,AGED ABOUT 43 YEARS, GRAM NREYAKEDI P.SBAIRAD, DISTT. SHIVPURI (MADHYA PRADESH)

2.VRINDAVAN S/O SARVAN SHARMA, AGED ABOUT35 YEARS, VILL. NAREDAKHEDI THANA BAIRADSHIVPURI (MADHYA PRADESH)

3.BANTI S/O SARVAN SHAMRA, AGED ABOUT 30YEARS, VILL. NAREDAKHEDI THANA BAIRADSHIVPURI (MADHYA PRADESH)YEARS, VILL. NAREDAKHEDI THANA BAIRADSHIVPURI (MADHYA PRADESH)

4.BRAHMA S/O SARVAN SHARMA, AGED ABOUT 25YEARS, VILL. NAREDAKHEDI THANA BAIRADSHIVPURI (MADHYA PRADESH)YEARS, VILL. NAREDAKHEDI THANA BAIRADSHIVPURI (MADHYA PRADESH)

(BY SHRI O.P. MATHUR - ADVOCATE)

.....APPELLANT

AND

THE STATE OF MADHYA PRADESH INCHARGE POLICESTATION BAIRAD DISTT. SHIVPURI (MADHYAPRADESH)

(BY SHRI ATUL SHARMA - PANEL LAWYER )

.....RESPONDENTS

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 appellant under Section 374 (1) ofCr.P.C. being aggrieved by the judgment dated 13.07.2018 passed by Fourth

Additional Sessions Judge, Shivpuri in Sessions Trial No.74/2014 whereby theappellants have been convicted under Sections 324/34 and 323/34 (threecounts) of the I.P.C and sentenced to undergo one-one year rigorousimprisonment and three-three months rigorous imprisonment with a fine of Rs.2000/-2000/- and Rs.1000-1000/-, respectively.

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 that theyhave been facing agony of trial since 2018 for a period of near about 05 years,therefore their jail sentence may be reduced till rising of the court andenhancement of fine suitably. It is further submitted that complainant/injuredsuffered simple injury in the incident. It is further submitted in a heat of passionthe offence has been caused. Therefore, it is prayed that sentence of theappellants may be reduced till rising of the Court while enhancing fine 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 on recordand rightly convicted the appellants u/ss. 324/34 and 323/34 of IPC (threecounts), hence, conviction of the appellants under aforesaid sections needs nointerference.

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 sentence of the appellants till rising ofthe Court and enhancing of fine amount of Rs. 4000/- by each accused under Section 324/34 only. Accordingly, while affirming the conviction of theappellants u/ss. 324/34 and 323/34 of IPC (three counts) jail sentence of theappellants is reduced till rising of the Court by enhancing fine amount of Rs.4000/- by each accused under Section 324/34 only. The fine amount alreadydeposited by the appellants be adjusted against the aforesaid amount of fine.Appellants are directed to remain present before the Trial Court within a periodof 60 days from today to serve the sentence of till rising of the Court and withinthe aforesaid period shall also deposit the aforesaid fine amount failing whichthe appellants will have to suffer the sentence as awarded by the trial Court. Itis clarified that amount of fine deposited by the appellants be paid to thecomplainant/injured persons as compensation under Section 357 of Cr.P.C.

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