Madhya Pradesh High Court

CRA/1161/2017 of BADAL 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 AVANINDRA KUMAR SINGHON THE 29[th] OF DECEMBER, 2023

CRIMINAL APPEAL No. 1161 of 2017

BETWEEN:-

1.BADAL SINGH S/O SHRI BRIJMOHAN SINGHYADAV, AGED ABOUT 36 YEARS, YADAV, AGED ABOUT 36 YEARS,

2.INDRABHAN SINGH (DELETED) S/O SHRIBRIJMOHAN SINGH YADAV, AGED ABOUT 40YEARS, OCCUPATION: LABOUR VILL. PABAI PSGULAB GANJ (MADHYA PRADESH) (EXPIRED)BRIJMOHAN SINGH YADAV, AGED ABOUT 40YEARS, OCCUPATION: LABOUR VILL. PABAI PSGULAB GANJ (MADHYA PRADESH) (EXPIRED)

3.PRAHLAD SINGH S/O SHRI VIJAY SINGHBAHADUR, AGED ABOUT 68 YEARS, ALL OCCUPATION: LABOUR ALL R/O VILLAGEPABAI POLICE STATION GULAB GANJ DISTRICTVIDISHA (MADHYA PRADESH)BAHADUR, AGED ABOUT 68 YEARS, ALL OCCUPATION: LABOUR ALL R/O VILLAGEPABAI POLICE STATION GULAB GANJ DISTRICTVIDISHA (MADHYA PRADESH)

(BY SHRI BRAJESH KUMAR TYAGI- ADVOCATE)

.....APPELLANTS

AND

STATE OF MADHYA PRADESH THROUGH POLICESTATION GANJ DISTRICT VIDISHA (MADHYAPRADESH)

(BY SHRI ALOK SHARMA- PANEL LAWYER)

.....RESPONDENT

This appeal coming on for hearing this day, th e court passed the following:

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ORDER

Appellants have filed this appeal under Section 374 of Cr.P.C. beingaggrieved by judgment of conviction and order of sentence dated 01/09/2017passed by Special Judge (SC/ST Act), Vidisha in S.S.T. No.229/2013;whereby, learned trial Court while acquitting the appellants from charge of offence under Section 294, 506 Part II of IPC and Section 3(1)(10) ofScheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act andconvicting the appellants for commission of offence under Section 323/34 (twocounts) of IPC and sentenced them to undergo three-three months RI with fineof Rs. 1,000-1,000/- and in default of payment of fine to further undergo 1-1week RI.

2 . Although this appeal has been filed on merits but today, learnedcounsel for the appellants pressed the appeal only regarding sentence part isconcerned and do not press the conviction part as mentioned above. They haveundergone sentence of 4 days.

3. It is submitted that appellant No.2 has expired, therefore, this appeal isbeing pressed only for appellants No.1 and 3.

4. Learned counsel for the State expressed no objection if the aboveprayer is allowed.

5 . Although, conviction part of the impugned judgment has not been pressed on merits but to do substantial justice, judgment of the trial Court isperused, oral and documentary evidence seen and after perusing the judgmentas well as the record, this Court is of the view that the trial Court has properlyrecorded the conviction of the appellants as mentioned hereinabove. Hence,their conviction is hereby affirmed; however, sentence is set aside and they aredirected to deposit a total compensation amount of Rs.6,000/- each in TrialCourt, Rs.2,000/- for two count deposited in the Trial Court shall be treated asadjusted. If each appellants deposit Rs.4,000/- compensation amount asdirected hereinabove within a period of 30 days from the date of receipt ofcertified copy of this order, as the jail sentence of appellants have already been suspended, his bail bonds shall stand discharged and if they fail to deposit thecompensation amount, they have to undergo total jail sentence of one month.Out of the enhanced total compensation amount of Rs.8,000/- by appellants,Rs.2,000-2,000/- be given to victim Prakash and Phool Bai as compensation, ifnecessary by summoning them.

6. Accordingly, appeal is allowed in part with the above observations.

Let a copy of this order be sent to the trial Court concerned forinformation.

Pj'S/-

(AVANINDRA KUMAR SINGH)JUDGE

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