Madhya Pradesh High Court
CRA/5700/2017 of CHANDAN SINGH Vs THE STATE OF MADHYA PRADESH THR on 29 December 2023
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. 5700 of 2017
BETWEEN:-
1.CHANDAN SINGH S/O SHRI RAMDAYAL YADAV,AGED ABOUT 57 YEARS, R/O VILLAGECHANDAVARA PS DINARA, DISTRICTSHIVPURI(MADHYA PRADESH)2.NARESH S/O SHYAMLAL YADAV, AGED ABOUT 46YEARS, R/O VILLAGE CHANDAVARA PS DINARA,DISTRICT SHIVPURI(MADHYA PRADESH)3.ANIL S/O MANSHARAM YADAV, AGED ABOUT 32YEARS, R/O VILLAGE CHANDAVARA PS DINARA,DISTRICT SHIVPURI(MADHYA PRADESH)4.AKHLESH S/O CHANDAN SINGH, AGED ABOUT 27YEARSR /O VILLAGE CHANDAVARA PS DINARA,DISTRICT SHIVPURI(MADHYA PRADESH), 5.VIRENDRA S/O CHANDAN SINGH, AGED ABOUT21 YEARSR/O VILLAGE CHANDAVARA PS DINARA,DISTRICT SHIVPURI(MADHYA PRADESH), 6.MANSHARAM S/O SHYAMLAL YADAV, AGEDABOUT 59 YEARS, R/O VILLAGE CHANDAVARA PSDINARA, DISTRICT SHIVPURI(MADHYAPRADESH)7.MANISH S/O MANSHA RAM YADAV, AGED ABOUT29 YEARS, R / O VILLAGE CHANDAVARA PSDINARA, DISTRICT SHIVPURI(MADHYAPRADESH)
(BY SHRI NAVAL KISHORE GUPTA - ADVOCATE )
.....APPELLANTS
AND
THE STATE OF MADHYA PRADESH THROUGH POLICESTATION DINARA, DISTRICT SHIVPURI (MADHYA
PRADESH)
(BY SHRI GIRRAJ SONI - PUBLIC PROSECUTOR)
.....RESPONDENT
This appeal coming on for hearing this day, th e court passed thefollowing:
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ORDER
This appeal has been filed by the appellants under Section 374 (2) ofCr.P.C. being aggrieved by the judgment dated 7.11.2017 passed by theAdditional Sessions Judge, Karera, District Shivpuri in Session TrialNo.84/2016 whereby the appellants have been convicted under Sections323/149 and 147 of the I.P.C and sentenced to undergo six months rigorousimprisonment with fine of Rs.1000/- and six months RI with fine of Rs.1000/-each with default stipulation.
2 Learned counsel for the appellants/accused submitted that he does notwish to challenge the conviction of the appellants for the aforesaid offence. Asregards sentence, it is submitted by learned counsel for the appellants thatappellants No. 1 and 2 have suffered 13 days, appellants No.3, 6 and 7 havesuffered 18 days and appellants No.4 and 5 have suffered 24 days jail sentenceand they have been facing agony of trial since 2016 for a period of near about 7years. Incident took place all of sudden in a heat of passion. Therefore, it isprayed that sentence of the appellants may be reduced to the period alreadyundergone while enhancing the fine amount suitably.
3. Learned counsel for the State supported the impugned judgment but he has 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 onrecord and rightly convicted the appellants under Sections 323/149 and 147 ofthe I.P.C. hence, conviction of the appellants under Sections 323/149 and 147of the I.P.C. needs no interference.
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 jail sentence of the appellants to theperiod already undergone by them, the fine be enhanced to Rs.2000/- underSection 147 of the I.P.C. Accordingly, while affirming the conviction of theappellants under Sections 323/149 of the I.P.C. and 147 of the I.P.C. jailsentence of the appellants is reduced to the period already undergone by themand fine is enhanced to Rs.2000/- under Section 147 of the I.P.C. which shallbe deposited by them within a period of two months from today, failing whichthe appellants will have to suffer the sentence as awarded by the trial Court. Thefine sentence under 323/149 of the I.P.C. is hereby affirmed. The fine amount ifany, already deposited by the appellants be adjusted against the aforesaidamount of fine. The entire amount of fine deposited by the appellants be paid tothe complainant/injured as compensation under Section 357 of Cr.P.C.
7. With the aforesaid, the appeal stands disposed of.
Ahmad
(RAJENDRA KUMAR VANI)JUDGE