Ganesh @ Raju vs The State Of M.P.
2021 Latest Caselaw 3169 MP

                                     1                               CRA-1457-2003
          The High Court Of Madhya Pradesh
                       Lok Adalat
                     CRA-1457-2003
                          (GANESH @ RAJU Vs THE STATE OF M.P.)


Jabalpur, Dated : 10-07-2021
         Heard through Video Conferencing.
         Shri H. S. Ruprah, learned counsel for the appellant.
         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 the Additional Session Judge, Sihora, District Jabalpur dated 27.8.2003 passed in Sessions Trail No.755/1996 whereby the appellant was convicted under Section 325 of IPC sentenced to undergo R.I. for 3 years and fine of Rs.1000/-, in default of fine further R.I. for 3 months.

As per prosecution case, on 13.7.1996 the complainant Sushil Dubey slapped the sister of the appellant Sushma Dubey and told her not to enter his

house ever again. It is further stated that on the very next date on 14.7.96 when at about 9 am the injured Sushil Dubey (P.W.8) reached near the village school, the appellant and co-accused brother met him armed with lathis and started asking him why he had slapped their sister. Thereafter they started beating Sushil Dubey. When he shouted his younger brother Rajkumar @ Chhote P.W.2 and his companions Lakhan Singh (P.W..3) and Bahadur Singh (P.W.4) came to the spot and asked why were being beaten. The appellant and co-accused threatened that they would kill him if they met him ever after and then ran away. As a result of injuries the appellant become unconscious. His brother Rajkumar @ Chhote P.W.2 and Ganesh P.W.1 took him on their bicycle to Bankhedi and thereafter to P.S. Majholi, where Ganesh Prasad (P.W.1) lodged an F.I.R. (Exhibit P/1). The Head Constable 2 CRA-1457-2003 Durgaprasad (P.W.9) recorded it.

Counsel for the appellants submits that the incident had taken place on 13.7.1996 and no purpose would be served by sending the appellant jail after a lapse of about 25 years. It is further submitted that the fine amount may be increased in lieu of conviction. It is further submitted that appellant has already undergone jail sentence for one month and 18 days.

Learned counsel for the State has no objection to the same. Cons idering the aforesaid submissions, while maintaining the conviction under Section 325 of IPC of the appellant, the jail sentence is reduced to the period already undergone by the appellant and the fine amount is enhanced from Rs.1000/- to Rs.25,000/- for appellant. The enhanced amount of fine shall be deposited by the appellant before the Trial Court within a period of two months from today. In case if the amount is not deposited within the aforesaid time, the appellant would be required to undergo the original sentence.

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

                                          (VIJAY KUMAR SHUKLA)                                 (PRAKASH GUPTA )
                                                  MEMBER                                            MEMBER


                                       mrs. mishra




Signature Not Verified
  SAN




Digitally signed by MRS DEEPA MISHRA
Date: 2021.07.13 16:10:09 IST