Dilip vs The State Of Madhya Pradesh
2021 Latest Caselaw 6865 MP

                                                 HIGH COURT OF MADHYA PRADESH
                                            1                                                             CRA No.11102/2019

                                                             Criminal Appeal No.11102/2019
                                                               (Dilip Baamniya Vs. State of M.P.)
                                            Indore, Dated : 26.10.2021
                                                     Shri Anurag Vyas, learned counsel for the appellant.

                                                     Shri Sameer Verma, learned PL for the respondent/State.

Submissions were to be made on IA No.2250/2021, which is an application for suspension of sentence.

(ORDER) The appellant has been convicted and sentenced by the 3rd ASJ, Dhar vide judgment dated 12.12.2019 passed in ST No.1300256/2015 as under:-

S. No. Conviction Sentence Fine Imprisonment in lieu of payment of fine S. 394 of IPC 7 years R.I. Rs.5,000/- 6 months R.I.

S. 460 of IPC 7 years R.I. Rs.5,000/- 6 months R.I.

The accusation against the appellant is that he along with two other co-accused persons had committed trespass in the house of the complainant Sunil on 22.12.2011 at about 3-4 am in the night and had assaulted and caused injuries to Rameshchandra Sachan, father of the appellant and had committed loot of golden chain, 2-3 old silver coins and Rs.500/-.

Learned counsel for the appellant has stated that instead of making submission on suspension of sentence, he seeks only reduction in quantum of sentence with no change in the conviction.

This submission was considered. Record of the trial Court is available. The same was perused. It would be appropriate to consider the aforesaid prayer.

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

The evidence available on record was seen. Conviction of the appellant under Section 460 and 394 of IPC appears to be appropriate on consideration of the evidence and material available on record. Hence, conviction under Section 460 & 394 of IPC is affirmed.

Reverting to the quantum of sentence, instead of 7 years R.I., ends of justice would be served if the aforesaid sentence is reduced from 7 years R.I. to 5 years R.I. for both the offences, with no change in the fine amount in respect of each of the offence.

Thus, this appeal stands partly allowed on the question of quantum of sentence to the extent as stated above.

Let a copy of this order be sent to the trial Court along with the record of the trial Court.

The Criminal Appeal No.11102/2019 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