Sukhram Vishwakarma vs The State Of Madhya Pradesh
2023 Latest Caselaw 21302 MP

Madhya Pradesh High Court

Sukhram Vishwakarma 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. 378 of 2014

                         BETWEEN:-
                         SUKHRAM VISHWAKARMA S/O LATE SHIR GULABRAM
                         VISWAKARMA, AGED ABOUT 36 YEARS, QTR. NO. 929
                         KAPILDHARA COLONY BIJURI P.S. BIJURI (MADHYA
                         PRADESH)

                                                                                          .....APPELLANT


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

                                                                                       .....RESPONDENTS
                         (BY SHRI AJAY TAMRAKAR - PANEL LAWYER)

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

Parties through their counsel.

This appeal is directed against the judgment dated 23.1.2014 passed by learned Special Judge [SC/ST (Prevention of Atrocities) Act], Anuppur in Special Case No.35/2011 convicting the appellant for the offence under Section 354 of the I.P.C and sentencing him to undergo rigorous imprisonment for one year with fine of Rs.1,000/- and in default of payment of fine, to further undergo simple imprisonment for one month.

Appellant was acquitted of the charge under Sedition 3(1)(11) of the

Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 and

Sections 294 506-II of the I.P.C. He has already suffered the jail sentence of twelve days. He was granted bail by a Coordinate Bench of this Hon'ble High Court vide order dated 6.2.2014.

Learned counsel for the appellant submits that he is not challenging the finding of conviction but confining his argument to the point of jail sentence only and, therefore, prayer is made to declare the period of jail sentence of the appellant as already undergone subject to payment of fine amount.

After hearing learned counsel for the parties and taking into consideration the period of custody of the appellant so also keeping in view the fact that this appeal is pending since 2014, the finding of conviction recorded by the Trial

Court is affirmed but the jail sentence is reduced to the period already undergone by him subject to payment of additional fine amount of Rs.2,000/- to be deposited before the Trial Court and to be disbursed in favour of the injured/victim. As the appellant was on bail, therefore, his bail bonds are discharged.

Accordingly, this appeal is partly allowed.

Let record of the Trial Court be sent back.

(VIVEK AGARWAL) JUDGE amit