Vakil vs The State Of Madhya Pradesh
2023 Latest Caselaw 22033 MP

Madhya Pradesh High Court

Vakil vs The State Of Madhya Pradesh on 21 December, 2023

Author: Prem Narayan Singh

Bench: Prem Narayan Singh

                                                             1
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                     BEFORE
                                    HON'BLE SHRI JUSTICE PREM NARAYAN SINGH
                                              ON THE 21 st OF DECEMBER, 2023
                                             CRIMINAL APPEAL No. 8170 of 2021

                           BETWEEN:-
                           VAKIL S/O DURGASHANKAR BANJARA, AGED ABOUT
                           35    YEARS, OCCUPATION: AGRICULTURE VILL-
                           AAMLIPADA     P.S. BILPANK DISTRICT-RATLAM
                           (MADHYA PRADESH)

                                                                                          .....APPELLANT
                           (BY SHRI RITU RAJ BHATNAGAR, ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH STATION HOUSE
                           OFFICER THR. P.S. BILPANK (MADHYA PRADESH)

                                                                                        .....RESPONDENT
                           (BY MS. VINITA DWIVEDI, PANEL LAWYER)

                                 T h is appeal coming on for orders this day, t h e cou rt passed the
                           following:
                                                              ORDER

The present appeal is filed against the judgment conviction and sentence

dated 14.12.2021 passed by the learned Special Judge, District-Ratlam in Special Case No.101/2018, whereby, the appellant has been convicted under Section 323 of IPC and sentenced to undergo 1 year R.I.

2. The appellant has preferred this appeal on several grounds but during the course of arguments, learned counsel for the appellant did not press this appeal on merit and not assail the finding part of judgment. He confines his argument on the point of sentence only and prays that since the appellants have

already undergone almost 1 month 5 days in jail incarceration, his jail sentence

be reduced to the period already undergone. It is also submitted that the appellant has already deposited the fine amount so awarded by the learned trial Court. It is further submitted that the appellant deserves some leniency as the appellant already suffered the ordeal of the trial since 2016 i.e. for a period of 07 years. It is further submitted that this appeal be partly allowed and the sentence awarded to the appellant be reduced to the period already undergone by enhancing the fine amount and giving compensation amount.

3. Learned counsel for the respondent has opposed the prayer.

4. Having considered the rival submissions and on perusal of the record, the submission of the learned counsel for the appellant appears to be just and

proper.

5 . However, the learned trial Court has not committed any error in appreciation of evidence available on record. Further, it is found that the Court below considered the evidence available on record and correctly found that the case of the prosecution is well supported by the injured, witnesses and medical testimony. The Court below has well considered the material available on record, hence, no infirmity is found in the impugned order of conviction passed by the Court below, accordingly, the same is upheld.

6. So far as the sentence of the appellant is concerned, after the lapse of almost 07 years, the submissions have been made by the appellant that the appellant has already deposited the fine amount before the trial Court. The appellant has suffered the ordeal of criminal case since 2016 and there is no criminal record/antecedents of the appellant, therefore, this Court finds it expedient to partly allow this appeal by affirming the conviction of the appellant by imposing appropriate compensation for the injured instead of sentencing

them for remaining period of jail.

7 . Accordingly, this appeal is partly allowed and after affirming the conviction, the sentence awarded to the appellant is hereby set aside by imposing the compensation amount of Rs.10,000/- to be paid by the appellant within a period of two months from today, if the whole compensation amount is deposited, it would be paid to the injured - Pappu. The fine amount, if already deposited as well as paid to the injured, if any, shall be adjusted to the compensation amount. The bail bond of the appellant shall be discharged after deposit of the compensation amount. If the applicant fails to deposit the compensation amount within the aforesaid stipulation period, he will suffer 1 month of simple imprisonment in default.

8. A copy of this order be sent to the concerned trial Court for necessary compliance.

Certified copy, as per Rules.

(PREM NARAYAN SINGH) JUDGE Vindesh