Homkaran @ Lala Kewat vs The State Of Madhya Pradesh
2023 Latest Caselaw 21301 MP

Madhya Pradesh High Court

Homkaran @ Lala Kewat vs The State Of Madhya Pradesh on 13 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 13 th OF DECEMBER, 2023
                                             CRIMINAL APPEAL No. 1211 of 2014

                           BETWEEN:-
                           HOMKARAN @ LALA KEWAT S/O SHRI MOTI KEWAT,
                           AGED ABOUT 24 YEARS, BELGAON, P.S. BIJURI, DISTT.
                           ANUPPUR, M.P. (MADHYA PRADESH)

                                                                                            .....APPELLANT
                            (NONE FOR THE APPELLANT)

                           AND
                           THE STATE OF MADHYA PRADESH P.S BIJURI DISTRICT
                           - ANUPPUR (MADHYA PRADESH)

                                                                                          .....RESPONDENT
                           (BY SHRI AJAY TAMRAKAR - ADVOCATE)

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

This appeal is filed by the appellant Homkaran @ Lala Kewat being

aggrieved of the judgment dated 09.04.2014 passed by learned Special Judge under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 in Special Case No.07/2011 whereby he is convicted for offences punishable under Sections 456 and 354 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for one year with fine of Rs.1,000/- (in default of payment of fine to further undergo RI for two months) for each offence.

It is averred that the appellant is not habitual criminals. It is stated that

independent witnesses and eye witness have not supported the prosecution case. The trial Court has not appreciated the evidence in proper perspective and thus, arrived at erroneous findings.

Shri Ajay Tamrakar, learned Panel Lawyer for the respondent/State supported the impugned award.

Looking to the facts and circumstances of the case and also the facts:

that this criminal appeal is pending since, 2014; the appellant remained in custody from 10.01.2011 to 17.01.2011 for eight days; and the fact that pendency of this appeal itself is a part of harassment to the appellant, it is directed that the conviction part of the judgment is hereby maintained but the

sentence imposed by the impugned judgment on the appellant is reduced to the period which he has already undergone in the custody, subject to payment of additional fine of Rs.1,000/- (Rupees One Thousand only) under Section 456 of the IPC and Rs.1000/- (Rupees One Thousand Hundred only) under Section 354 of the IPC. The appellant is on bail, his bail bonds are discharged.

The appeal is disposed of in above terms. Record be sent back.

(VIVEK AGARWAL) JUDGE ks