Ramanugrah Tiwari vs Neelesh Tiwari
2023 Latest Caselaw 6856 MP

                                                             1
                          IN     THE       HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                   BEFORE
                                 HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
                                                ON THE 27 th OF APRIL, 2023
                                           CRIMINAL APPEAL No. 3424 of 2017

                         BETWEEN:-
                         RAMANUGRAH TIWARI S/O CHANDRABHAN TIWARI,
                         AGED     ABOUT       68    YEARS, OCCUPATION:
                         AGRICULTURIST R/O. VILL. MAHAUTA POST OFFICE
                         BASIGADA    P.S. SHAHPUR    TEH.   HANUMANA
                         DISTT.REWA (MADHYA PRADESH)

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

                         AND
                         1.    NEELESH TIWARI S/O RAMASHRAY TIWARI,
                               AGED ABOUT 31 YEARS, R/O. VILL. MAHAUTA
                               POST OFFICE BASIGADA P.S. SHAHPUR TEH.
                               HANUMANA (MADHYA PRADESH)

                         2.    P.S. SHAHPUR THE STATE OF MADHYA PRADESH
                               REWA (MADHYA PRADESH)

                                                                                          .....RESPONDENT
                         (BY MS. KAMLESH TAMRAKAR - PANEL LAWYER)

                               This appeal coming on for admission this day, th e court passed the
                         following:
                                                              ORDER

Heard on I.A. No.16801/2017, an application filed under Section 5 of the Limitation Act for condonation of delay in filing this appeal.

Learned counsel for the appellant submits that this appeal has been filed after a delay of 46 days only. Therefore, the delay may be condoned.

On perusal of the appeal judgment dated 11.04.2017 passed in

Signature Not Verified Cr.A.No.286/2016 (Neelesh Tiwari Vs. State of M.P.), it is revealed that Signed by: MANOJ KUMAR LALWANI Signing time: 5/1/2023 11:14:32 AM

respondent No.1 herein was convicted for commission of offence punishable under section 325 of IPC and was sentenced to 06 months R.I. with fine of Rs.2000/- by JMFC, Mouganj District -Rewa in Criminal Case No.1114/2013.

In an appeal, the learned IInd Addl. Sessions Judge, Mouganj District Rewa affirmed the judgment of conviction passed by the learned JMFC, Mauganj District Rewa but reduced the period of sentence from 06 months R.I. to till rising of the court and enhanced the fine amount from Rs.2000/- to Rs.5000/-. It further directed to pay Rs.2000/- as compensation to the injured/complainant under section 357 of the Cr.P.C.

On perusal of the case, it is revealed that injured has sustained only one

injury in his index finger of the right hand and wrist. After going through the findings recorded in judgment passed by the appellate court and also the findings recorded by the learned JMFC, nothing is visible on record on the basis of which it can be assumed that learned appellate court has committed any error in reducing the sentence of six months to till rising the court as appellant was first offender.

Therefore, having taking into consideration all the facts and circumstances of the case, I do not find any ground to condone the delay in filing this appeal. Hence, I.A.No.16801/2017 is dismissed. Consequently, the appeal also stands dismissed.

(DINESH KUMAR PALIWAL) JUDGE MKL

Signature Not Verified Signed by: MANOJ KUMAR LALWANI Signing time: 5/1/2023 11:14:32 AM