Bhure Yadav vs The State Of Madhya Pradesh
2023 Latest Caselaw 6888 MP

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                           IN     THE       HIGH COURT OF MADHYA PRADESH
                                                  AT GWALIOR
                                                    BEFORE
                                 HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                                  ON THE 27 th OF APRIL, 2023
                                             CRIMINAL APPEAL No. 5141 of 2021

                          BETWEEN:-
                          BHURE YADAV S/O RAMJILAL YADAV, AGED ABOUT 33
                          YEARS, VILL MARSENI BUJURG PS ATRETA (MADHYA
                          PRADESH)

                                                                                          .....APPELLANT
                          (SHRI HARISH SHARMA, ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH INCHARGE POLICE
                          STATION P.S. ATRETA (MADHYA PRADESH)

                                                                                       .....RESPONDENTS
                          (SHRI SUSHANT TIWARI, PUBLIC PROSECUTOR)

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

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

dated 03.08.2021 passed by the Special Judge SC/ST (Prevention of Atrocities) Act, 1989 in Special Case No.79/2015 by which appellant has been convicted under Sections 435 of IPC and sentenced him to undergo one year R.I. with fine of Rs.5000/- with default stipulation.

Learned counsel for the appellant submitts 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 incident took place on 24.03.2015 and appellant has been facing agony of trial for the last 7 Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 4/27/2023 6:00:42 PM

years. Appellant has already suffered incarceration of one month. 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 has no objection. 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.10,000/- under Section

435 of IPC. Accordingly, while affirming the conviction of the appellant under Section 435 of IPC, jail sentence o f the appellant is reduced to the period already undergone by him and fine amount is enhanced to Rs.10,000/- under Section 435 of IPC 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 Court 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 criminal appeal stands disposed of.

(DEEPAK KUMAR AGARWAL) JUDGE ojha

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