Madhya Pradesh High Court

CRA/999/2021 of HIRALAL 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, 2023CRIMINAL APPEAL No. 999 of 2021

BETWEEN:-

1.HIRALAL S/O MOTILAL KALAAL, AGED ABOUT 45YEARS, OCCUPATION: AGRICULTURIST VILLAGEBHAWRAS, P.S. KHATEGAON (MADHYA PRADESH)

2.DEVILAL S/O MOTILAL KALAAL, AGED ABOUT 53YEARS, VILLAGE BHAWRAS, P.S. KHATEGAON(MADHYA PRADESH)

(BY SHRI SHIVENDRA SINGH RAWAT, ADVOCATE)

.....APPELLANT

AND

THE STATE OF MADHYA PRADESH STATION HOUSEOFFICER THR. P.S. KHATEGAON (MADHYA PRADESH)

(BY SHRI MS. HARSHLATA SONI, PANEL LAWYER)

.....RESPONDENTS

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

JUDGMENT

The appellants have filed the present appeal under Section 374 of theCode of Criminal Procedure, 1973 being aggrieved by the judgment ofconviction and sentence dated 09.02.2021 passed by the Additional SessionsJudge, Khategaon, District - Dewas in Sessions Trial No.251/2015, wherebythese appellants have been convicted for commission of offence punishableunder Section 323 of the Indian Penal Code and sentenced to undergo 01 - 01year's rigorous imprisonment along with fine of Rs.1,000/- each with default stipulations.

02. Learned counsel for the appellants, at the outset, submits that he isnot challenging the impugned judgment on merits and is confining his argumentto sentence only.

03. I have heard learned counsel for the parties and perused the record ofthe case.

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04. So far as conviction is concerned, I have gone through the evidenceadduced by the prosecution and impugned judgment. Perusal of the overallevidence on record reveals that after taking into consideration the evidence onrecord, the trial Court has passed a reasoned judgment and discussed all theevidence. Perusal of evidence reveals that the findings recorded by the trialCourt are well supported from the evidence on record. Hence, no interference iscalled for in the findings recorded by the trial Court with respect to theconviction of the appellants under Section 323 of the IPC.

05. So far as sentence is concerned, perusal of the record reveals that thetrial Court has sentenced the appellants to undergo 01 - 01 year's R.I. alongwith fine of Rs.1,000/- each with default stipulations. Paragraph - 91 of theimpugned judgment and certificate prepared under Section 428 of the Cr.P.C.reveal that main accused Heeralal has remained in custody from 25.03.2015 to19.09.2015, whereas Devilal has remained in custody from 01.04.2015 to13.07.2015. The present incident relates to the year 2015.

06. In view of above and facts and circumstances of the case, the appealfiled by the appellants is partly allowed and the appellants are sentenced with theimprisonment already undergone by them and with the fine amount as imposedby the trial Court.

07. Criminal Appeal stands partly allowed to the extent indicated above.

Ravi

(ACHAL KUMAR PALIWAL)JUDGE

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