Babu @ Babulal vs The State Of M.P.
2023 Latest Caselaw 5512 MP

                                                                              1
                                               IN THE HIGH COURT OF MADHYA PRADESH
                                                             AT INDORE
                                                                      BEFORE
                                                      HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                                   ON THE 3 rd OF APRIL, 2023
                                                               CRIMINAL APPEAL No. 339 of 1999

                                            BETWEEN:-
                                            BABU @ BABULAL S/O BHERUJI, AGE 22 YEARS, R/O:
                                            RAJEEV GANDHI NAGAR, MALANVASA, UJJAIN
                                            (MADHYA PRADESH)

                                                                                                           .....APPELLANT
                                            (SHRI SACHIN PARMAR, LEARNED COUNSEL AND SHRI ARJUN PATHAK,
                                            LEARNED APPOINTED AS AMICUS CURIAE IN THE PRESENT CASE FOR
                                            APPELLANT.

                                            AND
                                            THE STATE OF M.P. THROUGH P.S.: MALANVASA,
                                            NEELGANGA, UJJAIN (MADHYA PRADESH)

                                                                                                         .....RESPONDENT
                                            ( BY SHRI AJAY RAJ GUPTA, LEARNED GOVT. ADVOCATE)

                                                  T h is appeal coming on for orders this day, t h e cou rt passed the
                                            following:
                                                                               ORDER

Counsel for the appellant submits that at present the appellant is in jail and, therefore, he could not appear before this Court. It is prayed that the appeal may be heard finally.

The present appeal is filed against the judgment dated 12.01.1999 passed by learned V Additional Sessions Judge, Ujjain in which the appellant has been convicted under Section 307 of IPC and sentenced to 6 years RI with fine of Signature Not VerifiedDigitally signed by SAN SOUMYA RANJAN DALAI Date: 2023.04.03 Rs.500/-; in default of payment of fine, additional 2 months simple 17:42:13 IST

imprisonment.

Counsel for the appellant submits that the incident is said to have taken place in the year 1997 and the present appeal is pending since 1999. The appellant was on bail during trial and initially the jail sentence of the appellant was suspended during the pendency of the appeal, but later on the said order was cancelled and the appellant was sent back to District Jail, Ujjain and at present he is undergoing jail sentence. It is argued that the appellant has already undergone total 17 months custody out of 6 years imprisonment. The incident is of year 1997 and no purpose would be served in keeping the appellant in jail after such long period and, therefore, the jail sentence may be reduced to the period already undergone and fine amount be increased which may be directed

to be paid to the victim Bagdiram.

Counsel for the State submits that injury was caused on vital part of the body stomach which was found to be fatal in absence of treatment.

After hearing learned counsel for the parties and taking into consideration that the incident had taken place in the year 1997 and the appellant was on bail during trial and appeal and there is no allegation that he had threatened the victim or repeated the offence, the appeal is partly allowed.

The conviction of the appellant is maintained and the sentence is reduced to the period already undergone by him and fine amount is increased from Rs.500/- to Rs.25,000/-. The said amount shall be deposited within four weeks. The enhanced fine amount shall be paid to the victim Bagdiram by the trial Court. The appellant shall be released by the Jail Authorities only on deposit of fine amount in the trial Court. If the fine amount is not deposited within the

Signature Not VerifiedDigitally signed by SAN aforesaid stipulated period, the appellant shall undergo the remaining jail SOUMYA RANJAN DALAI Date: 2023.04.03 17:42:13 IST sentence as awarded by the trial Court.

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 17:42:13 IST