Avrar Khan vs The State Of Madhya Pradesh Thr
2023 Latest Caselaw 6945 MP

                                1
      IN     THE      HIGH COURT OF MADHYA
                          PRADESH
                        AT GWALIOR
                       BEFORE
    HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                    ON THE 28 th OF APRIL, 2023
               CRIMINAL APPEAL No. 1214 of 2015

BETWEEN:-
AVRAR KHAN S/O SHRI RAJJAK KHAN, AGED
ABOUT 50 YEARS, GRAM UDAYPUR DEHA P.S.
CHOWKI BARETH GANJBASODA DIST. VIDISHA
(MADHYA PRADESH)

                                                          .....APPELLANT
(BY SHRI SHAILENDRA DWIVEDI - ADVOCATE)

AND
THE STATE OF MADHYA PRADESH THR
INCHARGE POLICE STATION PS. AARKSHI
KENDRA GANJBASODA DIT. VIDISHA (MADHYA
PRADESH)

                                                        .....RESPONDENTS
(BY SHRI KULDEEP SINGH - PUBLIC PROSECUTOR)

      This appeal coming on for hearing this day, the court passed the
following:
                                 ORDER

With consent of both the parties heard finally. Instant Criminal Appeal under Section 374(2) of Cr.P.C has been preferred by appellant against the judgment of conviction and order of s entenc e dated 09.12.2015 in Special S.T.No.273/2009 passed by Additional Sessions Judge, Ganjbasoda, district Vidisha, whereby the learned trial Court convicted the appellant-accused for offence under

Sections 182, 211, 193 of IPC and sentenced him for the offence under Sections 211 and 193 of IPC for 3-3 years R.I. and fine of Rs.5000-5000 with default stipulation.

Appellant present along with his advocate. Learned counsel for the appellant submits that on 14.04.1999, appellant filed an F.I.R. against Munnalal and Arun. Thereafter, a Crime under Sections 307, 341, 506 of IPC was registered bearing crime No.159/99.Trial was conducted. During trial he has not supported the prosecution case. Trial Court ordered that complaint be filed under Sections 182, 211 and 193 of IPC. Thereafter, complaint was filed. Trial was conducted in which he was convicted under Sections 211 and 193 of

IPC for 3-3 years R.I and fine of Rs.5000-5000/-. Incident is of 24 years back. He is aged about 70 years. Appellant himself present made submission that he is resident of Udaipur Tehra, Tehsil Ganjbasoda, District Vidisha. Due to criminal activities of main accused Munnalal and Arun, at present, due to threat he has shifted from village Udaipur to Ashoknagar as he was forced to give statement in their favour. The appellant has suffered 22 days of incarceration.

Learned counsel for the State supported the impugned judgment. Heard learned counsel for the parties and perused the record. Looking to the facts and circumstances of the case and the fact that the incident is of 24 years back and appellant is aged about 70 years, the sentence of appellant is reduced to the period already undergone.

With the aforesaid,This criminal appeal stands allowed and

disposed of.

(DEEPAK KUMAR AGARWAL) JUDGE mani

SUBASRI MANI 2023.05.03 15:50:27

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