Chandra Pal Singh Dangi vs The State Of Madhya Pradesh

Madhya Pradesh High Court

Chandra Pal Singh Dangi vs The State Of Madhya Pradesh on 26 December, 2023

                                                               1
                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                     BEFORE
                                     HON'BLE SHRI JUSTICE DEVNARAYAN MISHRA
                                              ON THE 26 th OF DECEMBER, 2023
                                              CRIMINAL APPEAL No. 346 of 2009

                           BETWEEN:-
                           CHANDRA PAL SINGH DANGI S/O RAJJAN SINGH
                           DANGI, AGED ABOUT 23 YEARS, VILLAGE, MADIYA,
                           POLILCE   STATION-  PRATHAVIPUR,   DISTRICT-
                           TIKAMGARH (MADHYA PRADESH)

                                                                                        .....APPELLANT
                           (BY SHRI SHASHANK UPADHYAY - ADVOCATE )

                           AND
                           THE STATE OF MADHYA PRADESH PS.PRATHAVIPUR,
                           DISTRICT-TIKAMGARH (MADHYA PRADESH)

                                                                                       .....RESPONDENT
                           (BY SHRI N.S. SOLANKI - PANEL LAWYER )

                                 This appeal coming on for final hearing this day, the court passed the
                           following:
                                                                ORDER

This appeal is filed, being aggrieved of judgment dated 05.02.2009, passed by learned Special Session Judge, SC/ST Tikamgarh in Special Sessions Trial No.121/2007, whereby, learned trial Court convicted the appellant for commission of offences punishable under Sections 324 of Indian Penal Code and has awarded sentence to undergo rigorous imprisonment for one year with fine of Rs.1,500/- and under Sections 341 (2 counts) of Indian Penal Code and has awarded sentence to undergo and fine of Rs.1,000/- (Rs.500/- Rs.500/-) with default stipulation.

2. The case of prosecution in short is that on 17.04.2007 at 08:00 p.m., Signed by: VAISHALI AGRAWAL Signing time: 12/27/2023 6:18:10 PM 2 when complainant Daya Ram Ahirwar and Pramod Ahirwar were going on motorcycle from the house of their sister, at that time, appellant and other co- accused persons has stopped the motorcycle and used filthy language and beated to the complainant party. Thereafter, appellant also caused injury by means of knife to complainant. The complainant and other injured were taken to the hospital for treatment. Thereafter, case was registered against appellant and others. After investigation, the charge-sheet was filed.

3. Learned counsel for the appellant submits that he does not want to press the appeal on the point of conviction, however, he prays to reduce the sentence to the period already undergone by the appellant and also submits that the appellant is facing criminal proceedings since last 14 years, therefore, no useful purpose would be served to again send the accused / appellant in jail.

4. On the other hand, learned Panel Lawyer for the State opposes the prayer of appellants' counsel.

5. On perusal of record, it appears that appellant remained in custody from 17.05.2009 to 19.05.2009 i.e. for a period of 03 days.

6. The jail sentence of the accused/appellant had already been suspended by the trial Court. Thereafter, jail sentence of accused/appellant has been suspended by this Court on 02.03.2009 and he has been enlarged on bail.

7. Taking these facts into consideration and considering the period of custody and also looking to the fact that this appeal is pending since 2009, appeal is partly allowed.

8. The conviction of the appellant under Section 324 and 341(2 counts) is affirmed, however, the sentence is reduced to the period already undergone by the appellant, subject to the condition that fine amount of Rs.1,500/-

(Rupees Fifteen Hundred), is enhanced to Rs.3,000/- (Rupees Three Thousand) for commission of offence under Section 324 of the IPC, the fine amount of Rs.500/- - Rs.500/- (Rupees five hundred and five hundred), is enhanced to Rs.2,000/- (Rupees Two Thousand) to each count for commission of offence under Section 341 (two counts) of the IPC which shall be deposited by the appellant before the trial Court within a period of two months from the date of receipt of the certified copy of the order passed today, in default, the appellant shall undergo Simple Imprisonment for a period of three months, two - two months respectively.

9. The order of trial Court regarding the payment of compensation is affirmed.

10. The case property knife be destroyed as per rules.

11. The appellant is on bail, his bail bonds are hereby discharged subject to payment of enhanced fine amount.

12. In above terms, appeal is partly allowed and disposed.

13. Let record of the trial Court be sent back along with a copy of this order for information and necessary action.

(DEVNARAYAN MISHRA) V. JUDGE vai Signature Not Verified Signed by: VAISHALI AGRAWAL Signing time: 12/27/2023 6:18:10 PM