Madhya Pradesh High Court
Syed Nisar & Ors. vs The State Of M.P. on 7 December, 2023
Author: Dwarka Dhish Bansal
Bench: Dwarka Dhish Bansal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
ON THE 7 th OF DECEMBER, 2023
CRIMINAL APPEAL No. 1979 of 2000
BETWEEN:-
1. SYED NISAR S/O SYED CHAND, AGED ABOUT 26
YE A R S , R/O GULABGANJ, LALBAGH, TAHSIL
BURHANPUR, DISTT. EAST NIMAR, KHANDWA
(MADHYA PRADESH)
2. SHEIKH HARUN S/O SHEIKH HUSAIN, AGED
ABOUT 38 YEARS, R/O GULABGANJ, LALBAGH,
TAHSIL BURHANPUR, DISTT. EAST NIMAR,
KHANDWA (MADHYA PRADESH)
3. SYED SABBIR S/O SHRI SYED MOH., AGED ABOUT
35 YEARS, R/O GULABGANJ, LALBAGH, TAHSIL
BURHANPUR, DISTT. EAST NIMAR, KHANDWA
(MADHYA PRADESH)
4. SYED CHAND S/O SYED MOH., AGED ABOUT 51
YEAR S , R/O GULABGANJ, LALBAGH, TAHSIL
BURHANPUR, DISTT. EAST NIMAR, KHANDWA
(MADHYA PRADESH)
5. SYED ASIF S/O SYED RAMJAN, AGED ABOUT 27
YEAR S , R/O GULABGANJ, LALBAGH, TAHSIL
BURHANPUR, DISTT. EAST NIMAR, KHANDWA
(MADHYA PRADESH)
6. SYED MUKHTYAR S/O SHRI SYED HASAIN, AGED
ABOUT 31 YEARS, R/O GULABGANJ, LALBAGH,
TAHSIL BURHANPUR, DISTT. EAST NIMAR,
KHANDWA (MADHYA PRADESH)
7. SYED SATTAR S/O SHRI SYED CHAND, AGED
ABOUT 20 YEARS R/O GULABGANJ, LALBAGH,
TAHSIL BURHANPUR, DISTT. EAST NIMAR,
KHANDWA (MADHYA PRADESH)
8. SYED ANSAR S/O SHRI SYED CHAND, AGED
ABOUT 23 YEARS, R/O GULABGANJ, LALBAGH,
TAHSIL BURHANPUR, DISTT. EAST NIMAR,
KHANDWA (MADHYA PRADESH)
Signature Not Verified
Signed by: SWETA SAHU
Signing time: 12/8/2023
5:44:40 PM
2
.....APPELLANTS
(BY SHRI MOHD. SAJID KHAN - ADVOCATE)
AND
THE STATE OF M.P. (MADHYA PRADESH)
.....RESPONDENT
(BY SHRI VIJAY PANDEY - PANEL LAWYER)
Th is appeal coming on for hearing this day, t h e court passed the
following:
JUDGMENT
This appeal has been filed by the appellants under Section 374 of the
Cr.P.C. being aggrieved by judgment of conviction and order of sentence dated
17.07.2000 passed by Second Additional Sessions Judge, Burhanpur in S.T.
No.85/1998, whereby the appellant No.1 has been convicted under Section 294
of IPC and sentenced to fine of Rs.500/- and under Section 323 of IPC
sentenced to R.I. for 6 months with fine of Rs.1,000/- and the appellant Nos.2
to 8 have been convicted under Section 147 of IPC and sentenced to RI for 6
months with fine of Rs.500/-, under Section 323/149 of IPC and sentenced to
R.I. for 6 months with fine of Rs.1,000/- and under Section 325/149 of IPC and
sentenced to RI for 1 year with fine of Rs.2,000/ (each), with default
stipulations.
2. The counsel for the appellants submits that the appellants do not want
to press their conviction recorded by the trial Court, however, it is submitted
that the ends of justice would be met, if the jail sentence of the appellants is
reduced to the period already undergone.
3. The counsel for the State has supported the conviction and sentence
recorded by the trial Court.
4. Having heard the submissions advanced on behalf of the parties and
on perusal of the impugned judgment and other material on record, since
counsel for the appellants has not pressed upon the conviction of the
appellants, therefore, the conviction of the appellants is hereby affirmed.
5. So far as sentence is concerned, the incident took place 25 years ago,
in the considered view of this Court, no fruitful purpose will be served by again
sending the appellants to the jail after about 25 years of the incident, therefore, it
would be in the interest of justice if the jail sentence of the appellants is reduced
to the period already undergone and fine amount is enhanced.
6. Consequently, the appeal is partly allowed. The conviction of the
appellant No.1 under Sections 294 and 323 of IPC and appellant Nos.2 to 8
under Sections 147, 323/149 and 325/149 of IPC, recorded by the trial court is
hereby affirmed. The jail sentence of the appellants is reduced to the period
already undergone and the fine amount imposed upon appellant No.1 under
Section 294 of IPC is enhanced from Rs.500/- to Rs.1,000/- and under section
323 of IPC is enhanced from Rs.1000/- to Rs.3,000/- and appellant Nos.2 to 8
under Sections 147 is enhanced from Rs.500/- to Rs.1,500/-, under section 323
r/w 149 of IPC is enhanced from Rs.1000/- to Rs.3,000/- and under section 325
r/w 149 of IPC is enhanced from Rs.2,000/- to Rs.5,000/-.
7. The appellants are directed to deposit the remaining fine amount
before the trial Court concerned within 45 days from today. The appellants are
on bail, their bail bonds and surety bonds stand discharged subject to deposit
of aforesaid fine amount.
8. Record of the trial Court be sent back immediately along with a copy
of this judgment for information and necessary action.
(DWARKA DHISH BANSAL)
JUDGE
ss
