Kanhaiya vs State Of M.P.
2023 Latest Caselaw 22369 MP

Madhya Pradesh High Court

Kanhaiya 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. 705 of 2007

                           BETWEEN:-
                           1.    KANHAIYA S/O S/O SHRI BALMUKUND KANJAR ,
                                 AGED ABOUT 25 YEARS,

                           2.    BANWARI S/O S/O PHOOL SINGH KANJAR , AGED
                                 ABOUT 29 YEARS,

                           3.    BHARAT SINGH S/O S/O VIJAY SINGH KANJAR ,
                                 AGED ABOUT 40 YEARS,
                                 ALL   R/O   VILLAGE    MANPURA,    THANA
                                 CHACHODA, DISTT. GUNA (MADHYA PRADESH)

                                                                                        .....APPELLANTS
                           (BY SHRIV.K.AGRAWAL AND SHRI M.K.CHAUDHARY- ADVOCATES )

                           AND
                           STATE OF M.P. THROUGH POLICE STATION
                           CHACHODA, DISTT. GUNA (MADHYA PRADESH)

                                                                                       .....RESPONDENT
                           (BY SMT. PADAMSHRI AGRAWAL - 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 5/9/2007 passed by Additional Sessions Judge, Chachoda, District Guna in S.T.NO. 73/2005; whereby, learned trial Court while acquitting the appellants from charge of offence under Section 307 of IPC and further acquitting the appellant

No. 3 Bharat Singh from charge of offence under Sections 25/27 of Arms Act convicted the appellants/accused for offence under Sections 506 Part I of IPC and Section 34-A of Excise Act and sentenced them to undergo RI for six months each with fine of Rs. 200/- each and in default of payment of fine to further undergo one month RI each for offence under Section 506 Part I of IPC and for offence under Section 34-A of Excise Act they have been sentenced to undergo six months RI each fine fine of Rs. 300/- each and in default of payment of fine to further undergo one month RI each.

2. Although this appeal has been filed on merits but today, learned counsel for the appellant 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 wh ich is 50 days for appellant No. 1 and 2, Kanhaiya and Banwari respectively and 100 days for appellant No. 3- Bharat Singh, fine amount for offence under Section 506 Part I IPC is enhanced from Rs. 200/- each to Rs. 1,000/- and for offence under Section 34-A of Excise Act for possession of six litres of illicit liquor as submitted by learned counsel for the State that there is nothing on record by which can be said appellant were previously convicted on

the same found for possessing illicit liquor, treating their conviction under Section 34-A of Excise Act for the first time, the fine amount is further enhanced from Rs. 300/- each to Rs. 5,000/- each and if fine amount as imposed by the trial Court has already been deposited by the appellants, same be adjusted. If appellant 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/-