Patu @ Naresh And Anr. vs The State Of M.P.
2021 Latest Caselaw 3166 MP

                                      1                                CRA-1927-2003
          The High Court Of Madhya Pradesh
                       Lok Adalat
                     CRA-1927-2003
                (PATU @ NARESH AND ANR. AND OTHERS Vs THE STATE OF M.P.)


Jabalpur, Dated : 10-07-2021
         Heard through Video Conferencing.
         Shri K.S.Rajput, learned counsel for the appellants.
         Shri A. Rajeshwar Rao, learned Govt. Advocate for the respondent/

State.

With the consent of the parties, the appeal is heard finally.

T his appeal has been filed under Section 374(2) of the Code of Criminal Procedure by the appellants being aggrieved by the conviction and sentence arising out of judgment and finding of the Court of Sessions Judge, East Nimar Khandwa dated 31.10.2003 passed in Sessions Trail No.105/2001 whereby the appellants were convicted under Section 325 of IPC sentenced to undergo R.I. for 3 years and fine of Rs.500/- each, in default of fine further R.I. for 1 month each.

It is alleged that incident had taken place on 17.03.2001, when the complainant named Mishrilal who was on Parole from Indore Jail was going

to his house from the market near the Teen Pulia the appellants and another co-accused stopped him and committed marpeet with the help of iron-pipe on his leg and also on head. The matter was reported to the police and the injured was sent to medical examination and the appellants were arrested. Initially the appellants were prosecuted for commission of offenses punishable under Sections 294, 341, 506, 307/34 IPC, however they have been convicted under Section 325 and sentenced RI for three years with direction to deposit fine of Rs. 500/-.

The learned counsel for the appellant submits that the incident had taken place in the year 2001 and no purpose would be served by sending the appellant jail after 20 years and therefore, the jail sentence may be reduced to the period already undergone and fine amount may be enhanced.

2 CRA-1927-2003 Learned counsel for the State has no objection.

Taking into consideration that the appellant Pattu @ Naresh has remained in jail for a period of 1 month 17 days and Rajkumar had remained in jail for a period of 21 days and the incident had taken place in the year 2001, we deem it proper to reduce the jail sentence for the period of already

undergone and fine amount is enhanced from Rs.500/- to Rs.7000/- each which shall be deposited within a period of two months from today. In the event of failure to deposit the fine amount, the original sentence shall be restore.

With the aforesaid modification in the sentence, the appeal is disposed of.

                                            (VIJAY KUMAR SHUKLA)                                (PRAKASH GUPTA )
                                                    MEMBER                                           MEMBER


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Date: 2021.07.13 16:12:01 IST