Madhya Pradesh High Court
Dara Singh vs The State Of Madhya Pradesh 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. 1499 of 2001
BETWEEN:-
DARA SINGH S/O AVTAR SINGH, AGED ABOUT 35
YE A R S , R/O NARSINGH WARD POLICE STATION
MADANMAHAL JABALPUR (MADHYA PRADESH)
.....APPELLANT
(BY SHRI MANISH DATT - SENIOR ADVOCATE WITH SHRI ESHAAN DATT
- ADVOCATE)
AND
THE STATE OF MADHYA PRADESH (M. P.)
.....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 appellant under Section 374(2) of the
Cr.P.C. being aggrieved by judgment of conviction and order of sentence dated
12.09.2001 passed by Seventh Additional Sessions Judge, Jabalpur in S.T.
No.429/2000, whereby the appellant has been convicted under Section 323 of
IPC and sentenced to R.I. for 1 year with fine of Rs. 1,000/- and under Section
506-II IPC sentenced to R.I. for 1 year with fine of Rs.3,000/-, with default
stipulations.
2. The counsel for the appellant submits that the appellant does not want
to press his conviction recorded by the trial Court, however, it is submitted that
the ends of justice would be met, if the jail sentence of the appellant 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 appellant has not pressed upon the conviction of the appellant,
therefore, the conviction of the appellant under Section 323 and 506-II of IPC is
hereby affirmed.
5. So far as sentence is concerned, the incident took place 23 years ago,
in the considered view of this Court, no fruitful purpose will be served by again
sending the appellant to the jail after about 23 years of the incident, therefore, it
would be in the interest of justice if the jail sentence of the appellant is reduced
to the period already undergone and fine amount is enhanced.
6. Consequently, the appeal is partly allowed. The conviction of the
appellant recorded by the trial Court under Section 323 and 506-II IPC is
hereby affirmed. The jail sentence of the appellant is reduced to the period
already undergone and the fine amount under Section 323 of IPC is enhanced
from Rs.1000/- to Rs.3,000/- and under Section 506-II of IPC is enhanced
from Rs.3000/- to Rs.6,000/-.
7. The appellant is directed to deposit the remaining fine amount before
the trial Court concerned within 30 days from today. The appellant is on bail,
his 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
