Girvar Singh And Ors. vs The State Of M.P.
2021 Latest Caselaw 8906 MP

                                                                       1                                CRA-1306-1998
                                              The High Court Of Madhya Pradesh
                                                       CRA No. 1306 of 1998
                                                  (GIRVAR SINGH AND ORS. AND OTHERS Vs THE STATE OF M.P.)


                                    Jabalpur, Dated : 16-12-2021
                                          Shri Rupesh Thakur, counsel for the appellants.

                                          Shri Akshay Pawar, Panel Lawyer, for the respondents/State.

Appellants have preferred this criminal appeal under Section 374 of Cr.P.C. being aggrieved with the judgment of conviction and order of sentence dated 28.05.1998 passed in Special Case No. 20/1997 by the

Special Judge, SC/ST, Jabalpur; whereby the appellants have been convicted for the offence punishable under section 148 of IPC and sentenced them to undergo 9 months RI with fine of Rs.300/-, under section 323/149 of IPC and sentenced to 1 month RI and fine of Rs.200/-, under section 342 of IPC and sentenced to 3 months RI and fine of Rs.200/-, with default stipulation.

Vide order dated 17.11.2021 this Court issued the bailable warrants against appellants and in pursuance thereof, appellants no.1 to 6 and 8 are present today. They have been identified by their counsel. Their presence be marked. It is submitted by the learned counsel for appellants that during

pendency of the appeal, appellant No.7 Moti Singh had died. In support of his submission, he has filed a copy of death certificate of Moti Singh. Therefore, the appeal, so far as it relates to appellant no.7 Moti Singh, stands abated.

Learned counsel appearing for the appellants submitted that he does not want to press this appeal against the conviction of the appellants. He submits that appellants have already deposited fine amounts. The appellants remained under custody for about 2 days, which is apparent from the judgment of the Court below. There are no criminal antecedents of the appellants. Therefore, it is prayed that a lenient view may be taken.

So far as the conviction of the appellants is concerned, it is well founded that he does not challenge the conviction, the conviction is, therefore, affirmed.

Signature Not Verified
  SAN




Digitally signed by TRUPTI GUNJAL
Date: 2021.12.20 13:07:25 IST
                                                                        2                              CRA-1306-1998

So far as sentence is concerned, it transpires from the record that there is no criminal background against the appellants. The appellants remained under custody for about 2 days. Consequently, the appeal with regard to sentence is partly allowed while affirming the conviction of the appellants under Sections 148, 323/149 and 342 of IPC and sentence awarded by the

learned trial Court is set aside. The appellants are sentenced to the period already undergone by them and they are directed to pay further fine amount of Rs. 5,000/- (Rs. Five Thousand Only) each within a period of four weeks from today.

In case fine amount is not paid within the aforesaid period, then judgment of conviction and order of sentence passed by the learned Trial Court shall stand affirmed and the appellants would require to undergo remaining jail sentence.

(S. A. DHARMADHIKARI) JUDGE

TG /-

Signature Not Verified SAN

Digitally signed by TRUPTI GUNJAL Date: 2021.12.20 13:07:25 IST