Dharmendra vs The State Of Madhya Pradesh
2022 Latest Caselaw 4898 MP

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                                                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                                                  AT GWALIOR
                                                                                   CRA No. 2705 of 2020
                                                                     (DHARMENDRA Vs THE STATE OF MADHYA PRADESH AND OTHERS)

               Dated : 05-04-2022
                                               Shri D.S.Tomar, learned counsel for the appellant.

                                               Shri B.M.Shrivastava, learned PP for respondent No. 1/State.

Shri Aswaq Khan, learned counsel for respondents No. 2 and 3. Heard on admission.

Appellant as complainant has filed this appeal under Section 372 of Cr.P.C. for enhancement of jail sentence of respondents No. 2 and 3/accused.

It is the submission of learned counsel for the appellant that despite receiving grievous hurt by complainant / injured witness, trial Court convicted the accused persons for offence under Section 325/326 of IPC and awarded jail sentence of three months only which is inadequate looking to the allegations.

Appeal appears to be arguable, hence, admitted for final hearing. Shri Khan appearing on behalf of accused persons in another criminal appeal vide Criminal Appeal No. 257/2020 takes exception to judgment dated 31/12/2019; whereby, respondents No. 2 and 3 have been awarded jail sentence of 3 months RI for offence under Section 325/326 of IPC and prays for time to seek instructions.

Counsel for the State submits that State has also preferred a case for enhancement of jail sentence of accused persons vide M.Cr.C.No. 18699/2020.

Let one set of appeal memo alongwith documents be supplied to Shri Khan within three days.

List the matter in due course.

(ANAND PATHAK) JUDGE

JPS/-

Digitally signed by JAI PRAKASH SOLANKI DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH

JAI PRAKASH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=287738d30aabaeda9b10cecdf179cec865c7633f4cf b9e38ce14fcbb05b9522a,

SOLANKI pseudonym=560BC50AD082B9BE54EE290EC8CB2193780D8 357, serialNumber=8D6BC1C9FCE36623D0BD6B8072A2D8C0143 3EBD48AE4F609F108CA8F8DE6B522, cn=JAI PRAKASH SOLANKI Date: 2022.04.06 10:01:05 +05'30'