Madhya Pradesh High Court

CRA/896/2016 of AMAR SINGH 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. 896 of 2016

BETWEEN:-

1.AMAR SINGH S/O SHRI PUNNA RAWAT, AGEDABOUT 38 YEARS, R/O VILL. KISHORE KA PURADOUTPUR DISTT. SHEOPUR (MADHYA PRADESH)ABOUT 38 YEARS, R/O VILL. KISHORE KA PURADOUTPUR DISTT. SHEOPUR (MADHYA PRADESH)

2.BHOOP SINGH S/O SHRI PUNNA RAWAT, AGEDABOUT 32 YEARS, R/O VILL. KISHORE KA PURADOUTPUR DISTT. SHEOPUR (MADHYA PRADESH)ABOUT 32 YEARS, R/O VILL. KISHORE KA PURADOUTPUR DISTT. SHEOPUR (MADHYA PRADESH)

3.BANTI S/O SHRI PUNNA RAWAT, AGED ABOUT 28YEARS, R/O VILL. KISHORE KA PURA DOUTPURDISTT. SHEOPUR (MADHYA PRADESH)YEARS, R/O VILL. KISHORE KA PURA DOUTPURDISTT. SHEOPUR (MADHYA PRADESH)

4.DEENA S/O SHRI PUNNA RAWAT, AGED ABOUT 25YEARS, R/O VILL. KISHORE KA PURA DOUTPURDISTT. SHEOPUR (MADHYA PRADESH)YEARS, R/O VILL. KISHORE KA PURA DOUTPURDISTT. SHEOPUR (MADHYA PRADESH)

(BY SHRI ANSHU GUPTA- ADVOCATE)

.....APPELLANTS

AND

THE STATE OF MADHYA PRADESH THROUGH POLICESTATION VIJAYPUR DISTRICT SHEOPUR (MADHYAPRADESH)

(BY SHRI GIRRAJ SONI - PUBLIC PROSECUTOR)

.....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 6.9.2016 passed by Second

Additional Sessions Judge, Sheopur, in Sessions Trial No.09/2015 wherebyappellants have been convicted under Section 323 (on three counts) of IPC andsentenced to undergo 3 months rigorous imprisonment with fine of Rs.1000/-with default stipulation for each count.

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 appellantshave been facing agony of trial for the last 9 years. Therefore, it is prayed thatsentence of the appellants may be reduced till rising of the Court while awardingsuitable compensation to the injured persons.

4. Learned counsel for the State supported the impugned judgment, buthe has no objection on deciding the appeal on the point of sentence.

5. Heard learned counsel for the parties and perused the record.

6. 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 Section 323 (on three counts)of IPC, hence, conviction of the appellants under Section 323 (on three counts)of IPC needs no interference.

7. As regards sentence, looking to the facts and circumstances of the caseand evidence on record, in the considered opinion of this Court, ends of justicewould meet if while reducing the jail sentence of the appellants till rising of theCourt, the compensation of Rs.2000/- be awarded in favour of thecomplainant/injured persons. Accordingly, while affirming the conviction of theappellants under Section 323 (on three counts) of IPC, jail sentence o f theappellants is reduced till rising of the Court by awarding compensation ofRs.2000/- for each count. The appellants are directed to remain present before the Trial Court within a period of two months to serve the sentence of till risingof the Court and also deposit aforesaid amount of compensation within thesame time, failing which the appellants will have to suffer the sentence asawarded by the trial Court. The fine amount, if any already deposited by theappellants be adjusted against the aforesaid amount of compensation. The entireamount of compensation deposited by the appellants be equally distributed infavour of the injured persons under Section 357 of Cr.P.C.

With the aforesaid, the appeal stands disposed of.

Ahmad

(RAJENDRA KUMAR VANI)JUDGE

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