Madhya Pradesh High Court
CRA/2394/2019 of PRADEEP RAGHUVANSHI Vs THE STATE OF MADHYA PRADESH on 29 December 2023
COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI
1
IN THE HIGH COURT OF MADHYA PRADESHAT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE AVANINDRA KUMAR SINGHON THE 29[th] OF DECEMBER, 2023
CRIMINAL APPEAL No. 2394 of 2019
BETWEEN:-
PRADEEP RAGHUVANSHI S/O BHAGWAN SINGHRAGHUVANSHI, AGED 26 YEARS, R/O GRAM GAJNAIP.S. GANJBASODA DISTRICT VIDISHA (MADHYAPRADESH)
(BY SHRI ANSHU GUPTA - ADVOCATE)
.....APPELLANT
AND
THE STATE OF MADHYA PRADESH THROUGH POLICESTATION GANJBASODA DISTRICT VIDISHA (MADHYAPRADESH)
(BY SHRI I.S.ASTHANA - PANEL LAWYER)
.....RESPONDENT
This appeal coming on for hearing this day, th e court passed the following:
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ORDER
This criminal appeal under Section 374 of Cr.P.C. has been filed by theappellant against the judgment of conviction and order of sentence dated28.02.2019 passed by learned Special Judge (SC/ST), District Vidisha inS.T.No.15/2015, whereby the trial Court has acquitted the appellant underSections 294, 323, 506 (part-2) of IPC and Section 3 (1)(x) of SC/ST Act buthas convicted him under Section 323 IPC and sentenced to undergo one yearRI with fine of Rs.1,000/-, with default stipulation.
2. Learned counsel for the appellant submits that the quarrel tool place as one Hritik starting laughing when appellant-Pradeep fell from the bicycle.
3. Learned counsel for the State has no objection if fine amount of the appellant and jail sentence is set aside.
4. Heard learned counsel for both the parties and perused the record.
5. Looking to the facts and circumstances of the case and perusal ofrecord and in considered view of this Court, the trial Court has properlyrecorded the conviction of the appellant as mentioned hereinabove. Hence, hisconviction is hereby affirmed; however, regarding quantum of sentence, bysetting aside jail sentence and fine of the appellant, he is directed to depositRs.3000/- as compensation out of which Rs.1000/- deposited as fine shall betreated as adjusted and the rest deposited amount of Rs.2000/- out of whichRs.1,500/- shall be paid to complainant-Hritik as compensation. If appellantdeposit fine amount as directed hereinabove within a period of 30 days from thedate of receipt of certified copy of this order, as the jail sentence of appellanthas already been suspended, his bail bonds shall stand discharged.
6. Accordingly, this appeal is disposed of and rest of the impugnedjudgment is kept intact.
7. Let a copy of this order be sent to the trial Court concerned forinformation.
Adnan
(AVANINDRA KUMAR SINGH)JUDGE