Jhalla Kachi And Ors. vs The State Of M.P.
2023 Latest Caselaw 5611 MP

                                                                     1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                             BEFORE
                                          HON'BLE SHRI JUSTICE RAJENDRA KUMAR (VERMA)
                                                          ON THE 6 th OF APRIL, 2023
                                                     CRIMINAL APPEAL No. 2153 of 2003

                                    BETWEEN:-
                                    1.    JHALLA KACHI S/O LALAI KACHI, AGED ABOUT
                                          26 YEARS, R/O VILLAGE GIJWAR, P.S. MAJHOLI,
                                          DISTRICT SIDHI (MADHYA PRADESH)

                                    2.    LALAI KACHI S/O JAGNNATH KACHI, AGED
                                          ABOUT 50 YEARS, R/O VILLAGE GIJWAR, P.S.
                                          MAJHOLI, DISTRICT SIDHI (MADHYA PRADESH)

                                    3.    SHYAM SUNDER KACHI S/O LALAI KACHI, AGED
                                          ABOUT 22 YEARS, R/O VILLAGE GIJWAR, P.S.
                                          MAJHOLI, DISTRICT SIDHI (MADHYA PRADESH)

                                                                                                .....APPELLANTS
                                    (BY SHRI PUSHPENDRA DUBEY - ADVOCATE)

                                    AND
                                    THE STATE OF MADHYA PRADESH THROUGH THE
                                    POLICE STATION ANUSUCHIT-JATI, JANJATI-KALYAN,
                                    DISTRICT SIDHI (MADHYA PRADESH)

                                                                                               .....RESPONDENT
                                    (BY SHRI N.S. SOLANKI - PANEL LAWYER)

                                          Th is appeal coming on for hearing this day, t h e court passed the
                                    following:
                                                                      ORDER

The instant criminal appeal under Section 374(2) of the Code of Criminal Procedure, has been preferred by the appellants being aggrieved with the

Signature Not Verified SAN judgment dated 06.12.2003 in Special Case No.38/02 passed by Special Judge,

Digitally signed by PRACHI PANDEY Sidhi, whereby the appellants have been convicted for the offence punishable Date: 2023.04.11 17:52:11 IST

under Section 325/34 of the Indian Penal Code and sentenced to undergo R.I. for 6 months each with fine of Rs.1,000/- each.

As per prosecution case, on 01.10.2002, the complainant Rambai lodged a written complaint before Police Station (SC/ST), Sidhi, stating therein that on the said date, she went to farm for labour work where the appellants came and on account of cutting the crops, they abused her relating to her caste and also assaulted her with wooden stick. On the complaint made by the victim/injured, police registered the case and filed charge-sheet before the competent Court. The appellants abjured their guilt and claimed to be tried. Learned trial Court found them guilty and sentenced them as mentioned in the above paragraph.

Learned counsel for the appellants submits that he does not want to press the appeal on the point of conviction, however, he prays that the sentence awarded against the appellants be reduced to the period already undergone by them on humanitarian ground as well as pendency of the instant appeal since last about 20 years. He further submits that the appellants are villagers and first offenders; the benefit of Probation of Offenders Act ought to have been given to them, but the trial Court did not do so. Appellant No.2 is an old aged person and now, he is aged about 73 years.

On the other hand, learned counsel for the State opposes the prayer made by learned counsel for the appellants.

Heard and perused the record.

The impugned judgment indicates that the appellants have been convicted under Section 325 of the I.P.C., for which no minimum punishment is prescribed. The appellants have been sentenced to undergo R.I. for 6 months Signature Not Verified SAN

each, out of which, they remained in custody for about 5 days. The incident Digitally signed by PRACHI PANDEY Date: 2023.04.11 17:52:11 IST

took place in the year 2002 and now, more than two decades have elapsed while

pendency of this appeal. No fruitful purpose would be served in sending the appellants behind the bars in a case wherein only 6 months' punishment has been awarded. However, to balance the ends of justice, in view of this Court, it would be more appropriate to enhance the fine amount in lieu of imprisonment.

Accordingly, the conviction awarded by the trial Court is hereby affirmed and the sentence awarded by the trial Court is reduced to the period already undergone by the appellants. However, fine amount is enhanced upto Rs.20,000/- to each of the appellants in place of Rs.1,000/-. Out of the total fine amount i.e. Rs.60,000/-, Rs.10,000/- be paid to the victim/injured Rambai.

Appeal stands disposed of finally.

Certified Copy as per rules.

(RAJENDRA KUMAR (VERMA)) JUDGE Prachi

Signature Not Verified SAN

Digitally signed by PRACHI PANDEY Date: 2023.04.11 17:52:11 IST