Soma (Deleted) vs The State Of M.P,
2023 Latest Caselaw 6314 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. 714 of 2005

                            BETWEEN:-
                            1.    SOMA (DELETED) S/O DHAN SINGH HARIJAN,
                                  AGED ABOUT 64 YEARS, ARON, PS ARON, GUNA
                                  (MADHYA PRADESH)

                            2.    TULLA @ DILEEP S/O SOMA HARIJAN, AGED
                                  ABOUT 27 YEARS, OCCUPATION: NA GRAM POST
                                  ARON P.S. ARON (MADHYA PRADESH)

                            3.    MADAN (DELETED) S/O SOMA HARIJAN, AGED
                                  ABOUT 32 YEARS, ARON, PS ARON, GUNA
                                  (MADHYA PRADESH)

                                                                                        .....APPELLANT
                            (BY SHRI S.S.RAJPOOT - ADVOCATE)

                            AND
                            THE STATE OF M.P, INCHARGE POLICE STATION PS
                            ARON DISTT. GUNA (MADHYA PRADESH)

                                                                                      .....RESPONDENT
                            (BY SHRI PS RAGHUVANSHI - PUBLIC PROSECUTOR)

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

With consent of both the parties heard finally. Instant Criminal Appeal under Section 374 of CrPC has been preferred b y appellant against the judgment of conviction and order of sentence dated 21.09.2005 in S.T.No.20/2005 passed by Second Additional Sessions Judge Guna, District Guna whereby the learned trial Court convicted the appellant- Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 4/20/2023 10:48:53 AM

accused for offence under Section 304(2)/34 of IPC and sentenced him to undergo 7-7 years' R.I. and under Section 325/34 of IPC and sentenced him to undergo 2-2 years' rigorous imprisonment by the appellant with fine of Rs.500/- and Rs.500/- respectively, with default stipulations.

Learned counsel for the appellants submitted that he does not want to challenge the conviction of the appellant for the aforesaid offences. As regards sentence, it is submitted by learned counsel for the appellant that appellant is facing agony of trial for the last more than 18 years. Appellant - Tulla @ Dileep has already suffered about 18 months of incarceration. Appellant Nos. 1 and 3 have died. Therefore, sentence of the appellant be reduced to the period

already undergone by him.

Learned counsel for the State supported the impugned judgment. Heard learned counsel for the parties and perused the record. Looking to the facts and circumstances of the case and the fact that appellant No.2, has already suffered about one and half year of imprisonment and he is facing agony of trial for the last 18 years, while affirming the conviction of the appellant under Section 304(2)/34 of IPC and under Section 325/34 of IPC his sentence is reduced to the period already undergone by him.

With the aforesaid modification in the sentence, the criminal appeal stands disposed of.

(DEEPAK KUMAR AGARWAL) JUDGE Vijay

Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 4/20/2023 10:48:53 AM