Madhya Pradesh High Court
Smt.Stela Jheemiya vs The State Of M.P. on 13 December, 2021
Author: Anil Verma
1 CRA No.395/1999
HIGH COURT OF MADHYA PRADESH
BENCH AT INDORE
(SINGLE BENCH: HON. MR. JUSTICE ANIL VERMA)
Criminal Appeal No.395/1999
1. Smt. Stela Jheemiya
W/o Simon Jheemiya,
R/o - Luniyapura, Mhow.
2. Rudolf S/o Eric Swami (Deceased) .... Appellant
Versus
State of M.P. through P.S. Mhow,
District - Indore (M.P.) .... Respondent
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Shri Ashok Shukla, learned counsel for the appellant No.1.
Ms. Seema Maheshwari, learned PL for the respondent/State.
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Whether approved for reporting :
JUDGMENT
(Delivered on 13/12/2021)
1/ Present criminal appeal at the instance of appellant No.1 Smt.
Stela Jheemiya under Section 374 of Code of Criminal Procedure (in short
'Cr.P.C') has been filed being aggrieved by the judgment and order of
conviction and sentence dated 27.2.1999 passed in S.T. No.704/93 by the 1st
Addl. Sessions Judge, Mhow, District Indore (M.P.), whereby the appellant
was convicted under Section 323 of Indian Penal Code (in short 'IPC') and
sentenced to undergo 6 months R.I. and fine of Rs.1,000/- with default
stipulation.
2/ Co-appellant No.2 Rudolf has died on 18.12.2010, therefore,
appeal against him is abated vide order dated 21.11.2011.
3/ As per the prosecution case, on 15.11.1992 Medlin Josef with her
family had gone to Sacred Heart Church, Mhow, where election of Paris
Council was to take place. All the members of Christian community were
present there. There was some dispute regarding election. Husband of
Signature Not Verified
SAN
appellant Stela named Simon Jheemiya was the secretary. Medlin Josef
Digitally signed by TRILOK SINGH
SAVNER
Date: 2021.12.15 12:24:28 PST
insisted for previous amount, therefore, harsh communication took place
between appellant No.1/accused Stela and Medlin Josef. Appellant No.1 Stela
caught hold Medlin's hair. Rudolf also abused her in a filthy language and also
threatened her to kill and thereafter he beat her, due to which Medlin Josef fell
down on the spot and became unconscious. Then she was carried to the Civil
Hospital, Mhow for treatment but during the treatment, she died. Accordingly
offence has been registered. Initially crime under Section 341, 294, 323, 506
of IPC was registered but later on Section 302 IPC was added.
4/ After investigation, charge sheet was filed. Trial Court framed the
charges under Section 302, 341, 506 Part-II and 294 of IPC against the
appellant and co-accused (deceased Rudolf). Appellant No.1 pleaded 'not
guilty' in her statement under Section 313 of Cr.P.C. and prayed for trial.
Prosecution examined as many as 19 witnesses, while defence has examined
two witnesses before the trial Court. After appreciating the evidence available
on record, the learned trial Court convicted and sentenced the appellant No.1
as mentioned herein-above and co-appellant (deceased) was convicted under
Section 304 (Part-II) of IPC and sentenced to 5 years R.I. with Fine of
Rs.2,000/-.
5/ The appellant No.1 has preferred this appeal on several grounds,
but during the course of arguments learned counsel for the appellant did not
press this appeal on merit. He did not assail the finding part of the judgment
and he has confined his argument to the quantum of sentence part only and his
prayer is that the imprisonment of the appellant be reduced to the period
already undergone as she has already served out one day's imprisonment and
she is facing trial since 1992 and now she is 68 years old lady. Her nursing
carrier was excellent and she was given so many awards during her service
period. It has further been submitted that appellant has no criminal record, no
other criminal case prior or after the incident has ever been registered against
her. Therefore, her jail sentence be reduced to the period already undergone an
the fine imposed by the trial Court may be affirmed.
6/ Per contra, learned PL for the respondent/State has opposed the
prayer and prayed for dismissal of this appeal by submitting that the trial
Court has rightly convicted and sentenced the appellant and the sentence in
question is sufficient.
Signature Not Verified
SAN
Digitally signed by TRILOK SINGH
SAVNER
Date: 2021.12.15 12:24:28 PST
7/ Heard learned counsel for the parties and considered their
arguments and perused the record and the evidence produced by both the
parties.
8/ In view of the above submission, although the conviction has not
been challenged, perusal of the evidence justifies the judgment passed by the
trial Court.
9/ So far as the quantum of sentence is concerned, the submission
made by learned counsel for the appellant appears to be just and proper. The
appellant has already suffered one day jail incarceration during the trial. She is
now 68years old lady and her nursing carrier was excellent, she got so many
awards for her excellent service, she is facing trial since 1992, therefore, it
would be appropriate to impose one day's simple imprisonment in place of 6
months R.I. in the given circumstances. Fine amount of Rs.1,000/- imposed by
the trial Court is hereby affirmed, which has already been deposited by the
appellant in the trial Court.
10/ Consequently, the present criminal appeal is partly allowed to the
extent as indicated above. Appellant No.1 Smt. Stela is on bail. Her bail bond
and surety bond stand discharged.
11/ Disposal of the property shall be as per the order of the trial
Court.
12/ A copy of this judgment be communicated to the concerned trial
Court for necessary action.
C.C. as per rules.
(Anil Verma)
Judge
Trilok/-
Signature Not Verified
SAN
Digitally signed by TRILOK SINGH
SAVNER
Date: 2021.12.15 12:24:28 PST
