Jaylal vs State Of M.P.
2023 Latest Caselaw 6786 MP

                                                     1
                 IN         THE      HIGH COURT OF MADHYA PRADESH
                                           AT GWALIOR
                                              BEFORE
                           HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                          ON THE 26 th OF APRIL, 2023
                                      CRIMINAL APPEAL No. 765 of 2005

               BETWEEN:-
               JAYLAL S/O BADRI SAKHWAR , AGED ABOUT 35 YEARS,
               R/O   CHHATT     KA  PURA    THANA   SIHONIYA
               DISTT.MORENA (MADHYA PRADESH)

                                                                                 .....APPELLANT
               (BY SHRI S.K.MISHRA- ADVOCATE )

               AND
               STATE OF M.P. THROUGH POLICE STATION DIMNI
               DISTT. MORENA (MADHYA PRADESH)

                                                                               .....RESPONDENT
               (BY SHRI KULDEEP SINGH- PUBLIC PROSECUTOR FOR THE STATE )

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

This appeal has been filed by the appellant against the judgment dated

14.10.2005 passed by the 3rd Additional Sessions Judge, Morena, in S.T.No.210/2002, whereby appellant has been convicted under Section 307/34 of IPC and sentenced to undergo 5 years RI with fine of Rs.2,000/-.

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 Signature Not Verified incident took place on 24.11.2001 and appellant has been facing agony of trial Signed by: MADHU SOODAN PRASAD for the last 22 years. Appellant has already suffered incarceration of about 2 Signing time: 27-04-2023 10:42:13 AM

months. Amount of fine has been deposited by him. Therefore, while enhancing the fine amount suitably, 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 impugned judgment.

Looking to the facts and circumstances of the case, ends of justice would meet if while reducing the jail sentence of the appellant to the period of 25 months, the fine is enhanced to Rs.20,000/- under Section 307/34 of IPC. Accordingly, while affirming the conviction of the appellant under Section

307/34 of IPC, jail sentence o f the appellant is reduced to the period of 25 months and fine amount is enhanced to Rs.20,000/- which shall be deposited by him within a period of two months from today, failing which the appellant will have to suffer the sentence as awarded by the Courts below. The amount of fine so deposited by the appellant be given to complainant under Section 357 of Cr.P.C. as compensation. The appellant is on bail, he is directed to surrender before the trial Court for undergoing remaining jail sentence, failing which trial Court shall be at liberty to issue arrest warrant against him.

With the aforesaid, the appeal stands disposed of.

(DEEPAK KUMAR AGARWAL) JUDGE ms/-

Signature Not Verified Signed by: MADHU SOODAN PRASAD Signing time: 27-04-2023 10:42:13 AM