Madhya Pradesh High Court
Manju Bai vs The State Of Madhya Pradesh on 13 December, 2023
Author: Roopesh Chandra Varshney
Bench: Roopesh Chandra Varshney
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE ROOPESH CHANDRA VARSHNEY
ON THE 13 th OF DECEMBER, 2023
CRIMINAL APPEAL No. 2506 of 2007
BETWEEN:-
MANJU BAI S/O KALLO SINGH, AGED ABOUT 35 YEARS,
OCCUPATION: TAILOR DHANSPURA BHAGATSINGH
CHOWK KHANDWA (MADHYA PRADESH)
.....APPELLANT
(BY SHRI K. S. RAJPUT - ADVOCATE)
AND
THE STATE OF MADHYA PRADESHTHROUGH THE P.S.
KOTWALI KHANDWA (MADHYA PRADESH)
.....RESPONDENT
(BY MS. SHANTI TIWARI - PANEL LAWYER)
T h is appeal coming on for orders this day, t h e cou rt passed the
following:
ORDER
In compliance of earlier order, appellant Manju Bai is present in person.
She is duly identified by her counsel. Her presence be marked.
With consent of parties, case is heard finally.
The appellant has filed this appeal under Section 374(2) of the Code of
Criminal Procedure, 1973 (for short "Cr.P.C") being aggrieved by the
judgment of conviction and sentence dated 19/11/2007 passed by II Additional
Sessions Judge, East Nimar, Khandwa, District Khandwa in S.T.No.231/2004,
whereby appellant has been convicted for commission of offence punishable
under Section 323 of IPC and sentenced her to undergo R.I. for six months
with fine of Rs.100/- with usual default stipulation.
02. Relevant facts, briefly stated are that on the basis of report lodged by
complainant Crime No.268/2004 has been registered against the appellant and
co-accused Shammi Verma and Suraj Verma at Police Station Kotwali, District
Khandwa for commission of Offence punishable under Sections 294, 323, 324,
506, 34 of IPC. After completion of investigation, charge-sheet has been filed
before the competent Court.
03. After recording the statements of prosecution witnesses and appreciating
the evidence lead by parties, learned trial Court found the appellant guilty for
commission of offence punishable under Section 323 of IPC and sentenced her
as mentioned above. Being aggrieved with the impugned judgment, the
appellant has preferred this criminal appeal.
04. Learned counsel for the appellant has expressly gave up his challenge to
the findings of the Court below so far as the conviction of the appellant is
concerned. In other words, the learned counsel for the appellant accepted the
finding of conviction passed against the appellant, however, he challenged the
quantum of punishment alone. It is submitted that the appellant is a lady. She
has no criminal past. Counsel assures that she will not involve in such criminal
activities in future. It is also submitted that having regard to all circumstances
which resulted in appellant's conviction and further keeping in view the fact that
the appellant is facing the trial before the concerned Court for more than 19
years and short sentence of six months has been awarded to her, therefore, he
prayed that her jail sentence be reduced substantially.
05. Learned Public Prosecutor for the respondent State has submitted that
after appreciating the evidence produced by the prosecution, the Court below
has rightly found the appellant guilty for the aforesaid offence, therefore, no
grounds are available for reducing the jail sentence awarded to the appellant,
hence, he prayed for dismissal of the appeal.
06. Having heard learned counsel for the parties and on perusal of entire
record of the case, I am inclined to allow this appeal in part upon finding some
force in the submissions made by the learned counsel for the appellant.
07. Though the appellant has not made any attempt to assail the finding of
her conviction on merits, yet with a view to satisfy myself as to whether the
findings of conviction of the Court below is legally sustainable or not, I perused
the record and especially therein having so perused, I am satisfied that no case
is made out to interfere in the findings of the Court below on merits. From the
perusal of the record, it reveals that FIR was registered promptly and the
complainant has fully supported the prosecution story, therefore, the findings of
conviction recorded by the Court below under Sections 323 of IPC is upheld.
08. Now the question arises as to whether the appellant's sentence should be
reduced and if so, to what extent as urged by the learned counsel for the
appellant.
09. So far as the period of sentence is concerned, I am of the considered
opinion that looking to the fact that the appellant is a lady and she is facing the
trial for last more than 19 years and the counsel assures that in future the
appellant will not involve in any such offence, therefore, this Court is of the
view that the jail sentence awarded to the appellant deserves to be and is hereby
reduced from six months to till rising of the Court and fine amount of Rs.100/-
is enhanced to Rs..1,000/-. In default of payment of enhanced fine amount, the
appellant shall suffer 15 days S.I. Appellant is directed to remain present in
person before the concerned Court on the date fixed by the concerned Court to
serve the aforesaid sentence.
10. The appellant is on bail. Her bail bond stands discharged.
11. With the aforesaid modification, present criminal appeal stands allowed in
part and disposed of.
Let a copy of this order alongwith record be sent to the Court below for
information and necessary compliance.
Certified copy as per Rules.
(ROOPESH CHANDRA VARSHNEY)
JUDGE
as
