Ramautar vs The State Of M.P,
2023 Latest Caselaw 6787 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. 689 of 2005

               BETWEEN:-
               RAMAUTAR S/O MANKOKA SAKHAWAR, AGED ABOUT
               40 YEARS, R/O CHHATT KA PURA, P.S.SIHONIYA DISTT.
               MORENA (MADHYA PRADESH)

                                                                                 .....APPELLANT
               (BY SHRI V.K.AGRAWAL- ADVOCATE )

               AND
               THE STATE OF M.P, THROUGH P.S. DIMNEE 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 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 25 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 already undergone by him, the fine is enhanced to Rs.20,000/- under Section 307 of IPC. Accordingly, while affirming the conviction of the appellant under

Section 307 of IPC, jail sentence o f the appellant is reduced to the period already undergone by him 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.

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