Ramprasad Salvi vs The State Of Madhya Pradesh
2021 Latest Caselaw 6862 MP

                                                 HIGH COURT OF MADHYA PRADESH
                                            1                                                       CRA No.1174/2016

                                                            Criminal Appeal No.1174/2016
                                                            (Ramprasad Salvi Vs. State of M.P.)
                                            Indore, Dated : 26.10.2021
                                                  Shri Sunil Kumar Yadav, learned counsel for the
                                            appellant.

                                                  Shri Sachin Jaiswal, learned PL for the respondent/State.

Matter was listed for consideration of IA No.22957/2021, which is an application for suspension of sentence on behalf of appellant Ramprasad Salvi.

(ORDER) 1/ Vide judgment dated 22.8.2016 passed in ST No.19/2013 by the 1st Addl. Sessions Judge, Link Court Javad, District Neemuch (M.P.), the appellant has been convicted under Section 305 of IPC and he has been sentenced to 7 years R.I. and fine of Rs.2,000/- with default stipulation of 3 months R.I.

2/ The accusation against the appellant is that he had abetted the committal of suicide of a minor namely Meenu.

3/ Learned counsel for the appellant submits that he does not seek to challenge the conviction of the appellant and instead of pressing for suspension of sentence, he seeks to reduce the quantum of sentence to the period already undergone.

4/ It is submitted that out of 7 years of R.I., the appellant has completed 5 years and 4 months in jail.

5/ Learned counsel for the State was heard, who has opposed the aforesaid prayer.

6/ Perused the material available on record and the evidence which has been led by the prosecution. A perusal of the same shows that conviction of the appellant under Section 305 of IPC is appropriate.

Signature Not VerifiedDigitally signed by SAN TRILOK SINGH SAVNER Date: 2021.10.27 10:25:58 IST HIGH COURT OF MADHYA PRADESH

7/ Reverting to the quantum of sentence, this Court is of the view that the period which has already been undergone i.e. 5 years and 4 months, would be appropriate to the appellant.

8/ Consequently, the conviction is affirmed and the sentence is reduced to the period already undergone. This criminal appeal accordingly stands allowed partly on the question of quantum of sentence.

9/ Let a copy of this order along with the record of the trial Court be sent to the trial Court for effectuating release of the appellant forthwith.

10/ The application for suspension of sentence (IA No.22957/2021) is, thus, not being decided as the whole criminal appeal has been disposed of.

11/ The Criminal Appeal No.1174/2016 stands disposed of in aforesaid terms.

C.C. as per rules.

(Shailendra Shukla) Judge trilok/-

Signature Not Verified
              VerifiedDigitally
                       Digitally signed by
  SAN                  TRILOK SINGH
                       SAVNER
                       Date: 2021.10.27
                       10:25:58 IST