Ghanshyam vs The State Of M.P.
2023 Latest Caselaw 6055 MP

                                                                1
                           IN       THE       HIGH       COURT OF MADHYA                        PRADESH
                                                           AT INDORE
                                                       BEFORE
                                       HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                    ON THE 13 th OF APRIL, 2023
                                               CRIMINAL APPEAL No. 1161 of 1999

                           BETWEEN:-
                           1.      GHANSHYAM SINGH S/O MOTI SINGH AGE 19
                                   YEARS OCC- AGRICULTURIST R/O VILLAGE
                                   DEEPKHEDI, UJJAIN (MADHYA PRADESH)

                           2.      KHUSHAL SINGH S/O MOTISINGH, AGED ABOUT
                                   26 YEARS,   OCCUPATION: AGRICULTURIST
                                   VILLAGE DEEPKHEDI (MADHYA PRADESH)

                                                                                             .....APPELLANTS
                           (SHRI SHIVENDRA SINGH RAWAT - ADVOCATE)

                           AND
                           THE STATE OF M.P. THROUGH POLICE STATION
                           KHACHROD UJJAIN (MADHYA PRADESH)

                                                                                             .....RESPONDENT
                            (SHRI TARUN PAGARE - GOVERNMENT ADVOCATE)

                                 This appeal coming on for hearing this day, the court passed the
                           following:
                                                                 ORDER

Learned counsel for the appellants submits that the appellant no.2 Karan

Singh has died. His name has already been deleted from the array of appellants.

In view of the aforesaid, the present appeal stands abated so far appellant no.2

Karan Singh is concerned.

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

sentence dated 17.08.1999 passed by 3rd Additional Sessions Judge, Ujjain in ST

No.110/1995 whereby the appellants have been convicted u/S 307, 325 of the

IPC and sentenced to undergo RI for 5,3 years each and fine of Rs.500-500/-each Signature Not Verified Signed by: SOURABH YADAV Signing time: 13/04/2023 5:22:46 PM

with default stipulation.

Counsel for appellants submits that the appellant no.1 Ghanshyam has

already undergone jail sentence of 2 months and 22 days and appellant no.3

Kushal has already undergone jail sentence of 2 months 5 days and the incident

had taken place in the year 1994. The appellants were on bail during trial and

appeal and did not misuse the liberty. They maintained good record and relation

with the complainants. No purpose would be served in sending the appellants in

jail after such long period. Therefore, the appellants may be sentenced to the

period already undergone and fine amount may be increased which may be

directed to be paid to the complainants Jhujhar Singh, Tej Singh and Kailash.

Counsel for State do not dispute the aforesaid facts.

After hearing learned counsel for parties and taking into consideration the jail

sentence of the appellants and the period already undergone by them, I am of the

opinion that a case is made out for sentencing the appellants to the period already

undergone with enhancement of fine amount. Further the incident had taken place

in the year 1994 and the appellants have maintained good record and did not

misuse the liberty. No purpose would be served in sending the appellants in jail

after such long period.

Therefore, the appeal is partly allowed. The conviction is maintained. The jail

sentence of the appellants is reduced to the period already undergone by them and

the fine amount is enhanced under section 307 IPC from Rs.500/- to Rs.10,000/-

and under section 325 IPC from Rs.500/- to Rs.5000/-. Out of enhanced amount,

Rs.5000/- each will be distributed to the complainants by the Trial Court. The

appellants shall deposit the enhanced amount within the period of two months

from today. The bail bonds of the appellants shall be discharged after deposit of

the fine amount. In case if the appellants fails to deposit the fine amount within Signature Not Verified Signed by: SOURABH YADAV Signing time: 13/04/2023 5:22:46 PM

the aforesaid period, the appellants shall undergo the remaining jail sentence as per

the order of appellate court.

(VIJAY KUMAR SHUKLA) JUDGE Sourabh

Signature Not Verified Signed by: SOURABH YADAV Signing time: 13/04/2023 5:22:46 PM