Hargovind @ Scindia Dhakad vs The State Of Madhya Pradesh
2023 Latest Caselaw 6286 MP

                                                             1
                           IN    THE        HIGH COURT OF MADHYA PRADESH
                                                  AT GWALIOR
                                                   BEFORE
                                HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                                 ON THE 19 th OF APRIL, 2023
                                            CRIMINAL APPEAL No. 5414 of 2023

                          BETWEEN:-
                          1.    HARGOVIND @ SCINDIA DHAKAD S/O SHRI
                                BUNDEL SINGH DAKAD, AGED ABOUT 45 YEARS,
                                VILLAGE JHADEL, POLICE STATION BADARWAS,
                                SHIVPURI (MADHYA PRADESH)

                          2.    BHARAT DHAKAD S/O SHRI BALKISHAN @
                                BALKRISHNA DHAKAD, AGED ABOUT 34 YEARS,
                                VILLAGE JHADEL POLICE STATION BADARWAS
                                (MADHYA PRADESH)

                          3.    BANTI @ RAJKUMAR DHAKAD S/O SHRI
                                BALKISHAN @ BALKRISHNA DHAKAD, AGED
                                ABOUT 35 YEARS, VILLAGE JHADEL POLICE
                                STATION BADARWAS (MADHYA PRADESH)

                                                                                       .....APPELLANT
                          (SHRI SURESH AGRAWAL, ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH TOWN INSPECTOR
                          THROUGH POLICE STATION BADARWAS, SHIVPURI
                          (MADHYA PRADESH)

                                                                                    .....RESPONDENTS
                          (SHRI APS TOMAR, PUBLIC PROSECUTOR)

                                This appeal coming on for admission this day, th e court passed the
                          following:
                                                               ORDER

With the consent of rival parties heard finally. Instant criminal appeal under Section 374(2) of CrPC has been preferred by the appellants challenging the judgment dated 05.04.2023 passed by Special Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 4/19/2023 5:46:17 PM

Judge (Scheduled Castes and Schedules Tribes (Prevention of Atrocities) Act, 1989) District Shivpuri in SST No.319/2017 whereby the appellants have been convicted under Section 323 of IPC and Section 3(2)(v-a) of SC/ST Act and for the offence Section 3(2)(v-a) of SC/ST Act sentenced to undergo three months RI with fine of Rs.500/- each with default stipulation. However, no separate sentence has been awarded to the appellants under Section 323 of IPC in view of Section 71 of IPC.

At the threshold, learned counsel for the appellants submits that he does not challenge the finding of conviction but he confines his argument to the quantum of sentence part only. It is contended that since occurrence has taken

place in the year 2017, the appellant No.1 during trial remained in custody for 7 days, appellant No.2 during trial remained in custody for 6 days, appellant No.3 during trial remained in custody for 6 days and appellant No.4 during trial remained in custody for 4 days and vide impugned judgment, the trial court has already suspended the jail sentence of the appellants for a period of one month, appellants were on bail during trial and they had never misused the liberty granted to them, fine amount has already been deposited by the appellants, therefore, it is prayed that sentence awarded to them for the aforesaid offences may be reduced to the period already undergone by them.

On the other hand, State Counsel opposed the contentions of counsel for applicants and submitted that there is neither any occasion to interfere with the sentence awarded to applicants nor any compassion or sympathy is called for in the said case.

Heard counsel for the parties and perused impugned judgment as well as record.

It is not disputed that occurrence relates to year 2017, appellants were on Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 4/19/2023 5:46:17 PM

bail during trial and they had never misused the liberty granted to them. Fine amount has already been deposited by the appellants. Thus, looking to overall circumstances, it will be just and proper if sentence awarded to the appellants by trial Court for aforesaid offences is reduced to the period already undergone by them.

Accordingly, this revision is partly allowed. While maintaining conviction of the appellants for aforesaid offences, the sentence awarded to the appellants is hereby reduced to the period already undergone by them. However, sentence of fine is enhanced to Rs.1000/- from Rs.500/- in respect of offence under Section 3 (2) (v-a) of SC/ST Act against each of the appellants. T h e fine amount, if any, deposited by appellants shall be adjusted in the enhance amount. Two months' time from the date of receipt of copy of this order is hereby granted to the appellants to deposit the aforesaid fine amount and the same shall be payable to complainant(s) by way of compensation, failing which appellants shall undergo further one month additional imprisonment. Appellants are on bail, their bail bonds stand discharged.

Let a copy of this order along with record of trial Court be sent back forthwith.

(DEEPAK KUMAR AGARWAL) JUDGE ojha

Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 4/19/2023 5:46:17 PM