Ranjeet vs The State Of M.P.
2023 Latest Caselaw 6558 MP

                                                              1
                           IN     THE       HIGH COURT OF MADHYA PRADESH
                                                  AT GWALIOR
                                                    BEFORE
                                 HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                                 ON THE 24 th OF APRIL, 2023
                                             CRIMINAL APPEAL No. 191 of 2005

                          BETWEEN:-
                          1.    RANJEET S/O KAMAL SINGH, AGED ABOUT 19
                                YEARS, OCCUPATION: AG VILLAGE AMBARI PS
                                DINARA (MADHYA PRADESH)

                          2.    LAXMAN SINGH S/O GAYA PRASAD, AGED ABOUT
                                56 YEARS, OCCUPATION: AGRICULTURE GRAM
                                AMBARI P.S. DINARA (MADHYA PRADESH)

                          3.    MUNNA LAL S/O GAYAPRASAD, AGED ABOUT 35
                                YE A R S , OCCUPATION: AGRICULTURE GRAM
                                AMBARI THANA DINARA (MADHYA PRADESH)

                                                                                              .....APPELLANT
                          (SHRI ARUN PATERIYA, ADVOCATE)

                          AND
                          THE STATE OF M.P. INCHARGE POLICE STATION PS
                          DINARA (MADHYA PRADESH)

                                                                                            .....RESPONDENTS
                          (SHRI PRAMOD PACHORI, PUBLIC PROSECUTOR)

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

This criminal appeal has been filed by the appellants against the judgment dated 15.02.2005 passed by the Additional Sessions Judge Karera District Shivpuri in S.T. No.112/2002 by which appellants have been convicted under Sections 307/34 of IPC (on two counts) and sentenced him to undergo seven years R.I. with fine of Rs.500/- each with default stipulation. Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 4/27/2023 6:00:42 PM

Learned counsel for the appellants submitts that he does not want to challenge the conviction of the appellants for the aforesaid offence. As regards sentence, it is submitted by learned counsel for the appellants that incident took place on 20.01.2002 and appellants have been facing agony of trial for more than 21 years. Appellants have already suffered incarceration of three months and seventeen days. Amount of fine has been deposited by them. Therefore, while enhancing the fine amount suitably, sentence of the appellants be reduced to the period already undergone by them.

Learned counsel for the State objected the prayer made by learned counsel for the respondent.

Heard learned counsel for the parties and perused the impugned judgment.

Looking to the facts and circumstances of the case, ends of justice would meet if while reducing the jail sentence of the appellants to the period already undergone by them, the fine is enhanced to Rs.15,000/- under Section 307/34 of IPC in regard to each of the complainants. Accordingly, while affirming the conviction of the appellants under Section 307/34 of IPC, jail sentence of the appellants is reduced to the period already undergone by them and fine amount is enhanced to Rs.15,000/- under Section 307/34 of IPC in regard to each of the complainants which shall be deposited by them within a period of two months from today, failing which the appellants will have to suffer the sentence as awarded by the Court below. The amount of fine so deposited by the appellants be given to each of the complainants under Section 357 of Cr.P.C. as compensation.

With the aforesaid, the criminal appeal stands disposed of.

Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 4/27/2023 6:00:42 PM

(DEEPAK KUMAR AGARWAL) JUDGE ojha

Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 4/27/2023 6:00:42 PM