Madhya Pradesh High Court
CRA/1593/2021 of REMAAN Vs THE STATE OF MADHYA PRADESH on 29 December 2023
COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI
IN THE HIGH COURT OF MADHYA PRADESHAT INDOREBEFORE
HON'BLE SHRI JUSTICE ACHAL KUMAR PALIWALON THE 29[th] OF DECEMBER, 2023
CRIMINAL APPEAL No. 1593 of 2021
BETWEEN:-
1.REMAAN S/O FATIYA BASUNIA, AGEDABOUT 25 YEARS, OCCUPATION: LABOURVILLAGE CHOWKHBADA DISTRICT JHABUA(MADHYA PRADESH)ABOUT 25 YEARS, OCCUPATION: LABOURVILLAGE CHOWKHBADA DISTRICT JHABUA(MADHYA PRADESH)2.MAHENDRA S/O HUMA BASUNIYA, AGEDABOUT 27 YEARS, OCCUPATION: LABOURVILLAGE CHOWKHBADA DISTRICT JHABUA(MADHYA PRADESH)ABOUT 27 YEARS, OCCUPATION: LABOURVILLAGE CHOWKHBADA DISTRICT JHABUA(MADHYA PRADESH)
3.SANNU S/O BHALLA BASUNIYA, AGEDABOUT 29 YEARS, OCCUPATION: LABOURVILLAGE CHOWKHBADA DISTRICT JHABUA(MADHYA PRADESH)ABOUT 29 YEARS, OCCUPATION: LABOURVILLAGE CHOWKHBADA DISTRICT JHABUA(MADHYA PRADESH)4.SATUR S/O KALA BASUNIYA, AGED ABOUT 50YEARS, OCCUPATION: LABOUR VILLAGECHOWKHBADA DIST JHABUA (MADHYAPRADESH)YEARS, OCCUPATION: LABOUR VILLAGECHOWKHBADA DIST JHABUA (MADHYAPRADESH)
5.DITIYA S/O GOBARIYA BASUNIYA, AGEDABOUT 42 YEARS, OCCUPATION: LABOURVILLAGE CHOWKHBADA DIST JHABUA(MADHYA PRADESH)ABOUT 42 YEARS, OCCUPATION: LABOURVILLAGE CHOWKHBADA DIST JHABUA(MADHYA PRADESH)6.HAR SINGH S/O KALA BASUNIYA, AGEDABOUT 39 YEARS, OCCUPATION: LABOURVILLAGE CHOWKHBADA DIST JHABUA(MADHYA PRADESH)ABOUT 39 YEARS, OCCUPATION: LABOURVILLAGE CHOWKHBADA DIST JHABUA(MADHYA PRADESH)
7.DEEPA S/O SATUR BASUNIYA, AGED ABOUT24 YEARS, OCCUPATION: LABOUR VILLAGECHOWKHBADA DIST JHABUA (MADHYAPRADESH)24 YEARS, OCCUPATION: LABOUR VILLAGECHOWKHBADA DIST JHABUA (MADHYAPRADESH)
28.BHUNDIYA S/O SATUR BASUNIYA, AGEDABOUT 27 YEARS, OCCUPATION: LABOURVILLAGE CHOWKHBADA DIST JHABUA(MADHYA PRADESH)ABOUT 27 YEARS, OCCUPATION: LABOURVILLAGE CHOWKHBADA DIST JHABUA(MADHYA PRADESH)
9.GUMA S/O BHALLA BASUNIYA, AGED ABOUT53 YEARS, OCCUPATION: LABOUR VILLAGECHOWKHBADA DIST JHABUA (MADHYAPRADESH)53 YEARS, OCCUPATION: LABOUR VILLAGECHOWKHBADA DIST JHABUA (MADHYAPRADESH)
10.HAKJI S/O VISIYA BASUNIYA, AGED ABOUT40 YEARS, OCCUPATION: LABOUR VILLAGECHOWKHBADA DIST JHABUA (MADHYAPRADESH)40 YEARS, OCCUPATION: LABOUR VILLAGECHOWKHBADA DIST JHABUA (MADHYAPRADESH)
11.RAMSU S/O BHALLA BASUNIYA, AGEDABOUT 37 YEARS, OCCUPATION: LABOURVILLAGE CHOWKHBADA DIST JHABUA(MADHYA PRADESH)ABOUT 37 YEARS, OCCUPATION: LABOURVILLAGE CHOWKHBADA DIST JHABUA(MADHYA PRADESH)
12.MANSU S/O BHALLA BASUNIYA, AGEDABOUT 31 YEARS, OCCUPATION: LABOURVILLAGE CHOWKHBADA DIST JHABUA(MADHYA PRADESH)ABOUT 31 YEARS, OCCUPATION: LABOURVILLAGE CHOWKHBADA DIST JHABUA(MADHYA PRADESH)
13.MATHUR S/O KALA BASUNIYA, AGED ABOUT51 YEARS, OCCUPATION: LABOUR VILLAGECHOWKHBADA DIST JHABUA (MADHYAPRADESH)51 YEARS, OCCUPATION: LABOUR VILLAGECHOWKHBADA DIST JHABUA (MADHYAPRADESH)
14.SIMU S/O FATIYA BASUNIYA, AGED ABOUT29 YEARS, OCCUPATION: LABOUR VILLAGECHOWKHBADA DIST JHABUA (MADHYAPRADESH)29 YEARS, OCCUPATION: LABOUR VILLAGECHOWKHBADA DIST JHABUA (MADHYAPRADESH)
15.GAJHING S/O RATAN BASUNIYA, AGEDABOUT 35 YEARS, OCCUPATION: LABOURVILLAGE CHOWKHBADA DIST JHABUA(MADHYA PRADESH)ABOUT 35 YEARS, OCCUPATION: LABOURVILLAGE CHOWKHBADA DIST JHABUA(MADHYA PRADESH)
16.RUMALI W/O HUMA BASUNIYA, AGEDABOUT 41 YEARS, OCCUPATION: LABOURVILLAGE CHOWKHBADA DIST JHABUA(MADHYA PRADESH)ABOUT 41 YEARS, OCCUPATION: LABOURVILLAGE CHOWKHBADA DIST JHABUA(MADHYA PRADESH)
17.KALI S/O HUMA BASUNIYA, AGED ABOUT 18YEARS, OCCUPATION: LABOUR VILLAGECHOWKHBADA DIST JHABUA (MADHYAPRADESH)YEARS, OCCUPATION: LABOUR VILLAGECHOWKHBADA DIST JHABUA (MADHYAPRADESH)
18.ANITA W/O MAHENDRA BASUNIYA, AGEDABOUT 25 YEARS, OCCUPATION: LABOURVILLAGE CHOWKHBADA DIST JHABUA(MADHYA PRADESH)ABOUT 25 YEARS, OCCUPATION: LABOURVILLAGE CHOWKHBADA DIST JHABUA(MADHYA PRADESH)
19.TAULIYA S/O FATIYA BASUNIYA, AGEDABOUT 40 YEARS, OCCUPATION: LABOURVILLAGE CHOWKHBADA DIST JHABUA(MADHYA PRADESH)ABOUT 40 YEARS, OCCUPATION: LABOURVILLAGE CHOWKHBADA DIST JHABUA(MADHYA PRADESH)
20.MAKAN S/O BAJIYA BASUNIYA, AGEDABOUT 31 YEARS, OCCUPATION: LABOURVILLAGE DEMARA THANA MEGH NAGARDIST JHABUA (MADHYA PRADESH)ABOUT 31 YEARS, OCCUPATION: LABOURVILLAGE DEMARA THANA MEGH NAGARDIST JHABUA (MADHYA PRADESH)
21.SEMANI W/O MAKAN BASUNIYA, AGEDABOUT 28 YEARS, OCCUPATION: LABOURVILLAGE DEMARA THANA MEGH NAGARDIST JHABUA (MADHYA PRADESH)ABOUT 28 YEARS, OCCUPATION: LABOURVILLAGE DEMARA THANA MEGH NAGARDIST JHABUA (MADHYA PRADESH)
--------------------------------------------------------------------------------------------
----------------------
This appeal coming on for hearing this day, the court passed thefollowing:
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER
This criminal appeal under Section 374 of Cr.P.C. has been filed bythe appellants being aggrieved by the judgment dated 18.02.2021, passedby learned Special Judge SC/ST (Prevention of Atrocities Act), Jhabua inSpecial Case No.138/2015, whereby the appellants have been convicted and sentenced as under:-
2. Learned counsel for the appellants, at the outset, submits that he is not challenging impugned judgment on merits and is confining hisargument on the point of sentence only.
3. I have heard the learned counsel for the parties and perused therecord of the case.
4. So far as conviction is concerned, I have gone through theevidence adduced by the prosecution and perusal of the same reveal thatlearned trial court has rightly convicted the appellants under Sections 147,323/149, 323/149, 323/149 and 5-6-II of IPC. Hence, the findingsrecorded by the trial Court with respect to conviction are affirmed.
5. So far as sentence is concerned, learned counsel for the appellants submits that appeal filed with respect to cross caseCr.A.No.1680/2021 has already been decided on 23.09.2023 and in thatappeal appellants have been sentenced with period already undergonewithout there being any enhancement of fine. In view of above, it is urgedthat in the present case also appellants be sentenced to the period already undergone, while maintaining the fine as imposed by the trial Court. Theappellants remained in custody for the period as mentioned below:-
6. In view of above, taking into consideration the judgment passedin appeal filed with respect to cross case, Cr.A.No.1680/2021 decided on23.09.2023, appeal filed by the present appellants is partly allowed.
Appellants are sentenced with period already undergone by them with fineas imposed by the trial Court.
7. With the aforesaid present appeal stands partly allowed to theextent indicated above.
RJ
(ACHAL KUMAR PALIWAL)JUDGE