Shambhu @ Kamal Singh vs State Of M.P.
2023 Latest Caselaw 6596 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. 820 of 2011

                          BETWEEN:-
                          SHAMBHU @ KAMAL SINGH S/O MANGILAL CASTE
                          SANSI, AGED ABOUT 25 YEARS, OCCUPATION:
                          MAJDOORI MEERKABAD, HAL R/O GULKHEDI, THANA
                          PACHOR, DISTT.RAJGARH (MADHYA PRADESH)

                                                                                           .....APPELLANT
                          (SHRI DEEPAK SHRIVASTAVA, ADVOCATE)

                          AND
                          STATE OF M.P. TH:P.S.MUNGAOLI (MADHYA PRADESH)

                                                                                        .....RESPONDENTS
                          (NONE FOR THE RESPONDENT)

                                   Th is appeal coming on for direction this day, th e court passed the
                          following:
                                                               ORDER

This appeal has been filed by the appellant under Section 374 of Cr.P.C.

being aggrieved by the judgment dated 21.09.2011 passed by the Second Additional Sessions Judge (Fast Track) Mungawali District Ashoknagar in S.T.No.48/2011 whereby appellant has been convicted under Section 393 of IPC and sentenced to undergo three years RI with fine of Rs.1000/- by the trial Court.

In brief, case of the prosecution is that on 19.02.2011 at about 9:05 pm complainant Vishnu Prasad Soni lodged an FIR against present appellant that at about 8 pm he was going to his house after closing his shop. He was having Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 4/24/2023 6:15:47 PM

one bag in his hand. Appellant tried to snatched his bag. The complainant cried, on listening his cries, Pappu Soni, Anand Jain and Ramveer Dubey came on the spot. Having seen them, the appellant tried to flee away from the spot but he was apprehended.

Learned counsel for the appellant/accused submitted that he does not want to challenge the conviction of the appellant for the aforesaid offence. As regards sentence, it is submitted by learned counsel for the appellant that appellant has already suffered one month and eleven days of incarceration. He is facing rigors of judicial proceedings since 2011. Therefore, while enhancing the fine amount suitably, sentence of the appellant be reduced to the period

already undergone by him.

Heard learned counsel for the appellant and perused the record. Looking to the aforesaid facts and circumstances of the case, ends of justice would meet if while reducing the jail sentence of the appellant to the period already undergone by him, the fine amount is enhanced to Rs.5,000/- for the aforesaid offence. Accordingly, while affirming conviction of the appellant under the aforesaid offence, jail sentence of the appellant is reduced to the period already undergone by them and the fine amount is enhanced to Rs.5,000/- which shall be deposited by them within a period of two months from today and the same shall be given to complainant under Section 357 of Cr.P.C. as compensation failing which, the appellant will have to suffer further imprisonment as awarded by Court below. The aforesaid enhanced amount shall be adjusted with fine amount so deposited by appellant before the Court below.

In view of above, this criminal appeal is partly allowed.

Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 4/24/2023 6:15:47 PM

(DEEPAK KUMAR AGARWAL) JUDGE ojha

Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 4/24/2023 6:15:47 PM