Sinnam @ Sirnam vs State Of M.P.
2023 Latest Caselaw 5543 MP

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        IN THE HIGH COURT OF MADHYA PRADESH
                     AT GWALIOR
                                      BEFORE
      HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                         ON THE 6th OF APRIL, 2023

                   CRIMINAL APPEAL NO.630 OF 2005

       BETWEEN:-

1.     SINNAM @ SIRNAM S/O HARU LODHI,
       AGED    48   YEARS,   OCCUPATION:
       KASTAKARI, R/O GRAM VIJAYPUR,
       POLICE STATION- BHONTI, DISTRICT-
       SHIVPURI (MADHYA PRADESH)

2.     LALLU @ ANRAT S/O SIRNAM LODHI,
       AGED    25   YEARS,   OCCUPATION:
       KASTAKARI, R/O GRAM VIJAYPUR
       POLICE STATION- BHONTI, DISTRICT-
       SHIVPURI (MADHYA PRADESH)
                                                                ........APPELLANTS

       (BY SHRI PRABHAKAR KUSHWAHA- ADVOCATE)

       AND

       STATE OF M.P. THROUGH POLICE
       STATION- BHONTI, DISTRICT- SHIVPURI
       (MADHYA PRADESH)

                                                               ........RESPONDENT

       (BY SMT. PADAMSHRI AGRAWAL - PANEL LAWYER)

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       This appeal coming on for orders this day, the Court passed the
following:
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                                ORDER

This appeal has been filed by the appellants under Section 374 of Cr.P.C. against the judgment of conviction and sentence dated 15/09/2005 passed by Second Additional Sessions Judge (Fast Track), Pichhore, District- Shivpuri (M.P.) in S.T. No.57/2005, whereby the appellants have been convicted and sentenced as under:-

         Section            Sentence        Fine (Rs.)        Default
                                                           Stipulation
     307/34 of IPC         10 Years RI       2,000/-       2 Months RI
     324/34 of IPC          1 Year RI        1,000/-        1 Month RI

Prosecution story, in short, is that on 30/10/2004, complainant- Anil alongwith his sister-in-law (Bhabhi)- Saroj and Jasrath were sowing mustard in the field then accused- Shribai came there and complained that they had broken her linhay. On that dispute, sister-in- law of the complainant slapped Shribai. Thereafter, accused/appellants came there and assaulted the complainant on his head by means of Axe, due to which, blood started oozing out. Appellant assaulted the sister-in- law of the complainant on her head by means of Baka, due to which, blood started oozing out. Appellants assaulted Jasrath on his neck, ribs and head, due to which, blood started oozing out. Thereafter, Shribai and other persons came there and beaten the complainant party by kicks and fists. On the basis of aforesaid, Dehati Nalisi was recorded and on the basis of Dehati Nalisi, FIR bearing Crime No.192/2004 was registered against the appellants. Injured were sent for medical examination. Thereafter, appellants were arrested. After investigation, charge-sheet has been submitted.

Learned counsel for the appellants submits that incident is of the year 2004 and more than 18 years have lapsed. Appellants remained in custody about nine months and they are facing judicial process since last 19 years. Learned counsel for the appellants confined his argument only to the point of sentence and prays that the sentence awarded to them be modified to the extent that period already undergone by them would be sufficient to meet the ends of justice.

Learned counsel for the respondent/State while opposing the appeal has submitted that the learned Court below arrived on the appropriate finding and rightly passed the impugned judgment of conviction and sentence.

Looking to the facts and circumstances of the case, ends of justice would meet if while reducing the jail sentence of the appellants to the period already undergone by them, the fine is enhanced from Rs.10,000/- to Rs.50,000/- each (for section 307/34 of IPC) payable to the injured- Jashrath and for other section fine is enhanced from Rs.1,000/- to Rs.10,000/- each (for section 324/34 of IPC) payable to the complainants/injured- Anil, Saroj and Jashrath. Accordingly, while affirming the conviction of the appellants, jail sentence of the appellants is reduced to the period already undergone by them but fine amount is enhanced as indicated above to be deposited by them before the trial Court within a period of two months from today, failing which the appellants will have to suffer the complete sentence as awarded by the Court below. The amount of fine so deposited by the appellants be given to the complainant and the injured persons as directed above under Section 357 of Cr.P.C on due verification of identity of them.

In view of the above, this appeal is finally disposed of. Certified copy as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE Digitally signed by RAHUL SINGH PARIHAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH

RAHUL SINGH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab67

rahul 6d0cde4dee473fe77953f5,

PARIHAR pseudonym=68E0B84BAE73376CD071289B3D9FE728CE00D 487, serialNumber=0275C4F803F94C47998BE5C534E21BDED910 FD4AB9D159B55575E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2023.04.12 18:39:48 +05'30'