Madhya Pradesh High Court
Deena @ Deendayal vs State Of M.P. on 26 December, 2023
Author: Avanindra Kumar Singh
Bench: Avanindra Kumar Singh
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE AVANINDRA KUMAR SINGH
ON THE 26 th OF DECEMBER, 2023
CRIMINAL APPEAL No. 670 of 2009
BETWEEN:-
1. DEENA @ DEENDAYAL S/O SHANKARLAL
DHAKAD , AGED ABOUT 38 YEARS,
2. GURGA SHANKAR S/O SHANKARLAL DHAKAD ,
AGED ABOUT 30 YEARS,
3. MUDIYA @ MULCHAND S/O OMPRAKASH
DHAKAD , AGED ABOUT 20 YEARS,
4. OM @ OMPRAKASH S/O SHANKARLAL DHAKAD
5. KUNJBIHARI S/O SHANKARLAL NAGAR , AGED
ABOUT 37 YEARS,
ALL R/O GALMANYA, P.S.BADODA
DISTT.SHEOPUR (MADHYA PRADESH)
.....APPELLANTS
(BY SHRI V.K.AGRAWAL, SHRI M.K.CHAUDHARI AND SHRI A.S.TOMAR -
ADVOCATES)
AND
STATE OF M.P. THROUGH POLICE STATION AZAK,
DISTRICT SHEOPUR (MADHYA PRADESH)
.....RESPONDENT
(BY SHRI ROHIT SHRIVASTAVA - PANEL LAWYER )
Th is appeal coming on for hearing this day, th e court passed the
following:
ORDER
Appellants have filed this appeal under Section 374 of Cr.P.C. being
aggrieved by judgment of conviction and order of sentence dated 6/10/2009
passed by Special Judge (Atrocities), District Sheopur in S.T.NO. 19/2007;
whereby, learned trial Court while acquitting the appellants from charge of
offence under Section 307, 307/149 of IPC and Section 3(1)(x) and 3(2)(v) of
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act
convicted them for offence under Section 323/149 and 148 of IPC and
sentenced them to undergo one year RI each with fine of Rs. 1,000/- each and
in default of payment of fine to further undergo one month RI each with offence
under Section 148 of IPC and for offence under Section 323/149 of IPC, they
have been sentenced to undergo six months RI each with fine of rs. 1,000/-
each and in default of payment of fine to further undergo one months RI each.
2 . Although this appeal has been filed on merits but today, learned
counsel for the appellants pressed the appeal only regarding sentence part is
concerned and do not press the conviction part as mentioned above.
3. Learned counsel for the State expressed no objection if the above
prayer is allowed.
4 . Although, conviction part of the impugned judgment has not been
pressed on merits but to do substantial justice, judgment of the trial Court is
perused, oral and documentary evidence seen and after perusing the judgment
as well as the record, this Court is of the view that the trial Court has properly
recorded the conviction of the appellants as mentioned hereinabove. Hence,
their conviction is hereby affirmed; however, regarding quantum of sentence,
while reducing the jail sentence to the period already undergone by the
appellants which is 42 days in case of appellants No. 1 to 3 and 54 days in case
of appellants No. 4 and 5, fine amount is enhanced from Rs. 500/- each to
Rs. 2,000/- each for offence under Section 148 of IPC, and if fine amount as
imposed by the trial Court has already been deposited by the appellants, same
be adjusted. If appellants deposit fine amount as directed hereinabove within a
period of 30 days from the date of receipt of certified copy of this order, as the
jail sentence of appellants has already been suspended, their bail bonds shall
stand discharged and if they fails to deposit the fine amount, they have to
undergo total jail sentence of four months. The findings of learned trial Court
regards disposal of property and maintaining the record as one of the accused
is still absconding is affirmed.
5. Accordingly, appeal is allowed in part with the above observations.
Let a copy of this order be sent to the trial Court concerned for
information.
(AVANINDRA KUMAR SINGH)
V. JUDGE
JPS/-
