CRA/502/2011 of JAGDISH AND 4 ORS. Vs STATE BANK M.P. on 29 December 2023

1. JAGDISH S/O UDAYRAM KOLI, AGED ABOUT 44YEARS, OCCUPATION: SERVICE 30 DASHAHARAMAIDAN INDORE (MADHYA PRADESH)

2. NARAYAN S/O UDAIRAM, AGED ABOUT 40 YEARS,OCCUPATION: SERVICE 30, DASHAHARAMAIDAN, INDORE (MADHYA PRADESH)OCCUPATION: SERVICE 30, DASHAHARAMAIDAN, INDORE (MADHYA PRADESH)

3. PADAM S/O UDAIRAM, AGED ABOUT 54 YEARS,OCCUPATION: SERVICE 30, DASHAHARAMAIDAN, INDORE (MADHYA PRADESH)OCCUPATION: SERVICE 30, DASHAHARAMAIDAN, INDORE (MADHYA PRADESH)

4. LAXMAN S/O UDAIRAM, AGED ABOUT 51 YEARS,OCCUPATION: SERVICE 30, DASHAHARAMAIDAN, INDORE (MADHYA PRADESH)OCCUPATION: SERVICE 30, DASHAHARAMAIDAN, INDORE (MADHYA PRADESH)

5. GOVIND @ GAJJU S/O PADAM, AGED ABOUT 27YEARS, OCCUPATION: BUSINESS 30, DASHAHARAMAIDAN INDORE (MADHYA PRADESH)YEARS, OCCUPATION: BUSINESS 30, DASHAHARAMAIDAN INDORE (MADHYA PRADESH)

.....APPELLANTS

(SHRI JAGDISH CHAND DANGI, LEARNED COUNSEL FOR THEAPPELLANTS)

AND

STATE OF M.P. THROUGHT P.S. ANNAPURNA INDORE(MADHYA PRADESH)

(MS. MEHUL SHUKLA, LEARNED PANEL LAWYER FOR THERESPONDENT/STATE)

.....RESPONDENT

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

This criminal appeal under Section 374 of Cr.P.C. has been filed by theappellants being aggrieved by the judgment dated 25.03.2011, passed bylearned Fifteenth Additional Sessions Judge (Fast Track), Indore inS.T.No.231/2010, whereby the appellants have been convicted for offenceunder Sections 147, 323/149 (two counts) of IPC and sentenced to 6 monthsR.I. each (on each count) with fine of Rs.500/-, Rs.1,000/-, Rs.1,000/- each (oneach count) with default stipulation.

2 . Learned counsel for the appellants, at the outset, submits that he is not challenging impugned judgment on merits and is confining his argument onthe 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 the evidenceadduced by the prosecution and perusal of the same reveal that learned trialcourt has rightly convicted the appellants under Sections 147, 323/149 of IPC.Hence, the findings recorded by the trial Court with respect to conviction areaffirmed.

5. So far as sentence is concerned, learned trial Court has sentencedthe appellants under Section 147 of IPC for 6 months R.I. with fine of Rs.500/-and under Section 323/149 of IPC (2 counts), 6 months R.I. with fine ofRs.1,000/- each (on each count). Perusal of the judgment dated 06.05.2011passed in Cr.A.No.457/2011 reveal that in that appeal sentence was modifiedand appellants were sentenced with period already undergone and fine amountwas enhanced. Evidently, present appeal and Cr.A.No.457/2011 are crossappeals. Present appeal relates to the incident dated 24.05.2009.

6. In view of above, the appeal filed by the appellants is partly allowed and sentence of imprisonment of appellants for offence under Section 147 is setaside and each appellant is sentenced with fine of Rs.3,000/- under Section 147of IPC and in default of payment of fine, three months R.I. So far as sentencein relation to Sections 323, 149 (2 counts) is concerned, the sentence asimposed by the trial Court shall remain intact.

7 . Appellants are directed to deposit the above fine amount within aperiod of three months from today failing which appellants shall surrenderbefore the trial Court to undergo the remaining sentence of imprisonmentimposed by the trial Court. Fine amount, if any, already deposited, be adjustedin fine amount enhanced above. It is made clear that benefit of Probation ofOffenders Act is extended to the appellants to the effect that service career ofthe appellants will not be adversely affected in any manner.

8. With the aforesaid present appeal stands partly allowed to the extent indicated above.

RJ

(ACHAL KUMAR PALIWAL)JUDGE