Kutti Kol vs The State Of Madhya Pradesh
2023 Latest Caselaw 20639 MP

Madhya Pradesh High Court

Kutti Kol vs The State Of Madhya Pradesh on 6 December, 2023

Author: Vivek Agarwal

Bench: Vivek Agarwal

                                                          1
                           IN    THE      HIGH COURT OF MADHYA PRADESH
                                               AT JABALPUR
                                                     BEFORE
                                       HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                            ON THE 6 th OF DECEMBER, 2023
                                           CRIMINAL APPEAL No. 2343 of 2010

                          BETWEEN:-
                          1.    KUTTI KOL S/O KALLU KOL, AGED ABOUT 19
                                YEARS, BAHAR TOLA, PURANI BASTI, MAIHAR,
                                DISTT. SATNA (MADHYA PRADESH)

                          2.    BIHARI KOL S/O HUKLU KOL, AGED ABOUT 19
                                YEARS, BAHAR TOLA, PURANI BASTI MAIHAR,
                                DIST.SATNA (MADHYA PRADESH)

                          3.    HARILAL S/O SATAIYA KOL, AGED ABOUT 19
                                YEARS, BAHAR TOLA, PURANI BASTI MAIHAR,
                                DIST.SATNA (MADHYA PRADESH)

                          4.    LAL BHAIYA KOL S/O LAKHKHU KOL, AGED
                                ABOUT 19 YEARS, BAHAR TOLA, PURANI BASTI
                                MAIHAR, DIST.SATNA (MADHYA PRADESH)

                                                                                     .....APPELLANTS
                          (BY SHRI SURENDRA KUMAR VERMA - ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH TH. PS MAIHAR,
                          SATNA PS MAIHAR (MADHYA PRADESH)

                                                                                   .....RESPONDENTS
                          (BY SHRI VINOD TIWARI - PANEL LAWYER)

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

This appeal is filed by the appellant No.1-Kutti Kol, appellant No.2 - Bihari Kol, appellant No.3-Harilal and appellant No.4 - Lal Bhaiya Kol being aggrieved of judgment dated 11.10.2010 passed by the learned Additional

Sessions Judge, Maihar, District Satna in Sessions Trial No.140/2009, convicting the appellants under Section 323 read of Section 34 (two counts) with conviction of Rigorous Imprisonment 1 year (Two counts) and fine of Rs.1000/- (Two counts) and in default of fine three months additional imprisonment.

It is submitted that Kutti Kol was in custody from 08.02.2009 to 26.02.2009. Lal Bhaiya was in custody from 12.02.2009 to 26.02.2009. Bihari Lal and Harilal Kol were in custody from 12.02.2009 to 24.02.2009. They have already deposited fine amount. They accept their guilt, their remaining period of sentence be declared to be undergone.

This prayer is not opposed by Shri Vinod Tiwari, learned Panel Lawyer for the State.

After hearing learned counsel for the parties and taking into consideration the period of custody of the appellants so also keeping in view the fact that this appeal is pending since 2010, the finding of conviction recorded by the Trial Court is affirmed but the sentence is reduced to the period already undergone by them subject to payment of additional fine amount of Rs.1,000/- to be deposited before the Trial Court and to be disbursed in favour of the victims. As the appellants were on bail, therefore, his bail bonds are discharged.

Accordingly, this appeal is partly allowed.

Let record of the Trial Court be sent back.

Certified copy as per rules.

(VIVEK AGARWAL) JUDGE Tabish