Rajesh vs The State Of Madhya Pradesh
2023 Latest Caselaw 21581 MP

Madhya Pradesh High Court

Rajesh vs The State Of Madhya Pradesh on 15 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 15 th OF DECEMBER, 2023
                                             CRIMINAL APPEAL No. 240 of 2016

                           BETWEEN:-
                           1.    RAJESH S/O SHRI PANNI LAL KIRAR, AGED
                                 ABOUT    24 YEARS, VILL. BACHAVANI P.S.
                                 BANKHEDI DISTT. HOSHANGABAD (MADHYA
                                 PRADESH)

                           2.    PANNI LAL S/O CHOTE LAL KIRAR, AGED ABOUT
                                 46 YEARS, VILLAGE BACHVANI P.S. BANKHEDI
                                 HOSHANGABAD (MADHYA PRADESH)

                           3.    NANHE LAL S/O CHOTE LAL KIRAR, AGED ABOUT
                                 37 YEARS, VILLAGE BACHVANI P.S. BANKHEDI
                                 HOSHANGABAD (MADHYA PRADESH)

                                                                                       .....APPELLANTS
                           (BY SHRI JITENDRA TIWARI - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH P.S. BANKHEDI
                           HOSHANGABAD (MADHYA PRADESH)

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

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

This appeal is filed, being aggrieved of judgment dated 17.12.2015, passed by learned Special Judge, SC/ST (Prevention of Atrocities) Act, 1989, Hoshangabad (M.P.), in S.T.No.84/2013, whereby, learned trial Court convicted the appellants for offence under Section 294 of IPC and sentenced to

undergo Simple Imprisonment for one month, each, Section 323 read with Section 34 of IPC each for causing injuries to Gajraj parte and sentenced them to undergo R.I. for one year and fine of Rs.500/- each, Section 323 read with Section 34 of IPC, they are sentenced to undergo R.I. for six months and fine of Rs.200/- each for causing injuries to Manoj Parte and Section 506(2) of IPC, appellants are sentenced to undergo R.I. for six months and fine of Rs.200/-, with default stipulation on each count.

Appellant-Rajesh Kirar remained in custody from 14.04.2013 to 06.05.2013 i.e. for 22 days, appellant Pannilal Kirar remained in custody from 14.04.2013 to 09.05.2013 i.e. for 25 days and appellant Nanhelal remained in

custody from 14.04.2013 to 06.05.2013 i.e. for 22 days.

The jail sentence of the accused/appellants has already been suspended temporarily by the trial Court till 17.02.2016 and, thereafter, jail sentence of accused/appellants has been suspended by this Court on 01.02.2016 and they have been enlarged on bail.

Taking these facts into consideration and considering the period of custody and also looking to the fact that this appeal is pending since 2015, appeal is partly allowed. The conviction of the all appellant is affirmed, however, the sentence is reduced to the period already undergone by the appellants, subject to the condition that fine amounts of Rs.200/-(Rupees Two Hundred) & 500/- (Rupees Five Hundred) each are enhanced to Rs.500/- (Rupees Hundred) & 1,000/- (Rupees One Thousand) each, respectively, which shall be deposited by the appellants before the Court below. The appellants are on bail, their bail bonds are hereby discharged.

In above terms, appeal is allowed and disposed.

(VIVEK AGARWAL) JUDGE A.Praj.