Rajesh @ Rajendra vs The State Of Madhya Pradesh
2023 Latest Caselaw 5881 MP

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                                  IN     THE        HIGH        COURT OF MADHYA                      PRADESH
                                                                  AT INDORE
                                                             BEFORE
                                             HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                            ON THE 11 th OF APRIL, 2023
                                                         CRIMINAL APPEAL No. 1468 of 2023

                                  BETWEEN:-
                                  RAJESH @ RAJENDRA S/O DARIYAV SINGH, AGED
                                  ABOUT 29 YEARS, OCCUPATION: LABOR VILL.
                                  RAJAVATA, P.S. MO. BADODIYA, DISTRICT SHAJAPUR
                                  (MADHYA PRADESH)

                                                                                                   .....APPELLANT
                                  (BY MS. NIVEDITA SHARMA-ADVOCATE)

                                  AND
                                  THE STATE OF MADHYA PRADESH THROUGH POLICE
                                  STATION MO. BADODIYA DISTRICT SHAJAPUR
                                  (MADHYA PRADESH)

                                                                                                 .....RESPONDENT
                                    (BY MS. BHAGYASHREE GUPTA-G.A. )

                                  This appeal coming on for admission this day, the court passed the following:
                                                                    JUDGMENT

This is appeal u/S 374 of the Cr.P.C. arising out of judgment of conviction

and sentence dated 14.1.2023 passed by Special Judge, district Shajapur in Special

case No.600448/2016 whereby the appellant has been convicted under section

323 IPC and sentenced to undergo 3 months RI with fine of Rs.1000/- with

default stipulation.

As per prosecution case, on 10.10.2016, the appellant abused the

complainant and assaulted him by wooden stick due to which complainant

sustained injuries. FIR was lodged on 11.10.2016 and the case was registered

under sections 294, 323, 506(II) IPC and section 3(1)(R), 3(2)(V-a) of SC & ST

Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 11-Apr-23 6:03:25 PM

Act. The trial court acquitted the appellant from all the charges except the charge

under section 323 IPC.

Counsel for the appellant submits that the appellant has already undergone

jail sentence of 3 days and and the incident had taken place in the year 2016. The

appellat was on bail during trial and appeal did not misuse the liberty. He

maintained good record and relation with the complainant. No purpose would be

served in sending the appellant in jail after such long period. Therefore, the

appellant may be sentenced to the period already undergone and fine amount may

be increased which may be directed to be paid to the complainant.

Counsel for State do not dispute the aforesaid facts.

After hearing learned counsel for parties and taking into consideration the

short jail sentence of the appellant and the period already undergone by him, I am

of the opinion that a case is made out for sentencing the appellant to the period

already undergone with enhancement of fine amount. Further the incident had

taken place in the year 2016 and the appellant has maintained good record and did

not misuse the liberty. No purpose would be served in keeping the appeal pending

and sending the appellant in jail after such a long period. Therefore, the appeal is

partly allowed. The conviction is maintained. The jail sentence of the appellant is

reduced to the period already undergone by him and the fine amount is enchnaced

from Rs.1,000/- to Rs.5,000/- which shall be paid by the appellant within a period

of one month from today. Out of the said amount, Rs.4,500/- shall be paid by the

trial court to the complainant-Prakash. The bail bonds of the appellant shall be

discharged after deposit of the fine amount. In case if the appellant fails to deposit

the fine amount within the aforesaid period, the appellant shall undergo the

remaining jail sentence as per the order of trial court.

Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 11-Apr-23 6:03:25 PM

(VIJAY KUMAR SHUKLA) JUDGE

MK

Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 11-Apr-23 6:03:25 PM