Kamal vs The State Of Madhya Pradesh
2023 Latest Caselaw 5473 MP

                                                                             1


                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                                BEFORE
                                               HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                        ON THE 3rd OF APRIL, 2023
                                                    CRIMINAL APPEAL No. 4280 of 2022

                                      BETWEEN:-

                                      1.    KAMAL S/O RAMSINGH BAGRI, AGED
                                            ABOUT    34  YEARS,  OCCUPATION:
                                            AGRICULTURE   GRAM    KATHARIYA,
                                            TEHSIL AND POLICE ALOTE (MADHYA
                                            PRADESH)




                                      2.    JAGDISH S/O RAMSINGH BAGRI, AGED
                                            ABOUT    28  YEARS,   OCCUPATION:
                                            AGRICULTURE   AND   LABOR   GRAM
                                            KANTHARIYA (MADHYA PRADESH)



                                                                                                   .....APPELLANTS
                                      (BY SHRI DURGESH SHARMA, LEARNED COUNSEL)

                                      AND

                                      THE STATE OF MADHYA PRADESH STATION
                                      HOUSE OFFICER THROUGH POLICE STATION
                                      ALOT (MADHYA PRADESH)



                                                                                                  .....RESPONDENT
                                      (BY SHRI SURENDRA GUPTA, LEARNED GOVT. ADVOCATE)
                                            This appeal coming on for hearing this day, the court passed the

                                     following:

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

Signature Not VerifiedDigitally signed by
  SAN                 SOUMYA RANJAN
                                                                         ORDER

DALAI Date: 2023.04.03 17:44:00 IST

The present appeal is filed under Section 374 of Cr.P.C. against the order

of conviction and sentence dated 30.04.2022 passed by Additional Sessions

Judge, Alot, Dist. Ratlam whereby the appellants have been convicted and

sentenced as under:-

                                        Accused       Offence         Sentence        Fine (Rs.)      In lieu of
                                        Name                                                          fine
                                        Jagdish       326 IPC         5 years RI      1000/-          3 months RI

                                                      25(1-B)(b)      1 year RI       500/-           3 months RI

                                                      Arms Act

                                        Kamal         326/34 IPC      5 years RI      1000/-          3 months RI

As per prosecution case, appellant Kamal caused injury to Vikram on

forearm of hand. This fact is proved by the testimony of Dr. Fulmbrikar (PW-

7) and his report Ex.P/13. The injury has been found to be grievous in nature.

So far the appellant No. 2 is concerned, he has found to cause injury to one

Ramsingh.

It is alleged that the appellant No. 2 has caused injury on Ramlal which

resulted into suppression of his left hand. The accused persons and the

complainants are members of the same family. During trial, an application for

compounding was filed by the legal heirs of Ramsingh and complainant

Vikram, however, the offence being non-compoundable, the application was

not accepted.

Signature Not VerifiedDigitally signed by SAN SOUMYA RANJAN DALAI Date: 2023.04.03 17:44:00 IST

Counsel for the appellants submits that the appellant No. 2 Jagdish has

already undergone jail sentence of 2 years 3 months 25 days and the appellant

Kamal has also undergone jail sentence of about 4 months. The incident is said

to have taken place in the year 2013 between the family members and

application for compounding was also filed by the legal heirs of Ramsingh and

complainant Vikram before the trial Court. No purpose would be served in

sending the appellants to the jail at this stage. The relations between the family

members are cordial and the dispute is amicably settled. The jail sentence may

be reduced to the period already undergone and the fine amount may be

enhanced which may be directed to be paid to the legal heirs of victim

Ramsingh and victim Vikram.

Counsel for the State supports the order of conviction and sentence,

however, does not dispute the fact of the jail sentence undergone by the

appellants and the factum of compromise which has been referred in para-44

of the impugned judgment.

After hearing learned counsel for the parties and taking into

consideration that the incident had taken place in the year 2013 amongst the

family members and the application for compromise was also filed, the appeal

is partly allowed. The conviction of the appellants is maintained. The jail

sentence is reduced to the period already undergone. So far the appellant

Jagdish is concerned, the fine amount is enhanced from Rs.1000/- to Signature Not VerifiedDigitally signed by SAN SOUMYA RANJAN DALAI Rs.10,000/- and fine amount under Section 25(1-B)(b) of Arms Act is Date: 2023.04.03 17:44:00 IST

enhanced from Rs.500/- to Rs.2000/- and fine amount of appellant Kamal is

increased from Rs.1000/- to Rs.10,000/-. The appellant Jagdish shall be

released from jail after depositing the enhanced fine amount within one month

from today and the enhanced amount shall be paid to the legal heirs of deceased

victim Ramsingh and enhanced fine amount imposed on appellant Kamal shall

be paid to the complainant Vikram by the trial Court. The bail bonds of the

appellant Kamal shall be discharged after deposit of the enhanced fine amount

within a period of one month from today.

With the aforesaid, the appeal is partly allowed and disposed off.

(VIJAY KUMAR SHUKLA) JUDGE soumya

Signature Not Verified VerifiedDigitally Digitally signed by SAN SOUMYA RANJAN DALAI Date: 2023.04.03 17:44:00 IST