Jeetu Kushwah vs State Of M.P.
2023 Latest Caselaw 22398 MP

Madhya Pradesh High Court

Jeetu Kushwah 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 26th OF DECEMBER, 2023

                      CRIMINAL APPEAL NO.620 OF 2012

      BETWEEN:-

      JEETU KUSHWAHA, S/O SHRI SURESH
      KUSHWAHA, AGED- 24 YEARS, R/O KHARA KUA
      KE PASS, GOSHPURA NO.2, DISTRICT-
      GWALIOR (MADHYA PRADESH)

                                                                       ........APPELLANT

(BY SHRI AKHILESH GUPTA- ADVOCATE)

       AND

       STATE OF M.P. THROUGH POLICE STATION-
       MADHOGANJ, DISTRICT- GWALIOR (MADHYA
       PRADESH)

                                                                     ........RESPONDENT

(BY SMT. KALPANA PARMAR- PANEL LAWYER)
----------------------------------------------------------------------------------------
       This appeal coming on for orders this day, the Court passed the
following:
                                         ORDER

This appeal is pending since 2012. This appeal has been filed by the appellant against the judgment of conviction and order of sentence dated 30/07/2012 passed by VII Additional Sessions Judge, District- Gwalior (M.P.) in S.T. No.299/2011 whereby the appellant has been convicted and

sentenced as under:-

Section Sentence Fine (Rs.) Default Stipulation 25(1-B)(A) of Arms 1 Year RI 1000/- 2 Months RI Act

2. Learned counsel for the appellant submits that appellant has been acquitted by the trial Court from the offence under Section 307 of IPC as the complainant had turned hostile. Appellant remained in custody 233 days and incident is of the year 2011 and more than 12 years have lapsed. Learned counsel for the appellant confined his argument only to the point of sentence and prays that the sentence awarded to him be modified to the extent that period already undergone by him would be sufficient to meet the ends of justice.

3. Learned counsel for the respondent/State has no objection if the fine amount is enhanced while reducing the jail sentence of the appellant.

4. Although appeal on merit is not pressed today but in the interest of justice, record is seen and after going through the record and looking to the facts conviction is found to be justified, hence, conviction is affirmed and in the circumstances of the case, this Court is of the view that while affirming the conviction of the appellant under Section 25(1-B)(A) of Arms Act but under proviso of Section 25(1-B)(A) under which Court can on adequate and special reasons to be recorded in writing can impose sentence of less than two years and in this case, complainant has turned hostile, therefore, jail sentence of the appellant is reduced to the period already undergone by him but fine amount is enhanced from Rs.1000/- to Rs.3000/- for the offence 25(1-B)(A) of Arms Act which shall be deposited by him within a period of 30 days' from the date of receipt of certified copy of this order, failing which the appellant will have to suffer the complete sentence as awarded by the Court

below.

5. In view of the above, this appeal is finally disposed of.

6. Let a copy of this order be sent alongwith the record to the concerned Court for necessary compliance.

(AVANINDRA KUMAR SINGH) V. JUDGE RAHUL rahul

SINGH DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab676d0cde4dee4 73fe77953f5, postalCode=474001, st=Madhya Pradesh, serialNumber=0275C4F803F94C47998BE5C534E21BDED910FD4AB9D159 B55575E814D05B2EED, cn=RAHUL SINGH PARIHAR

PARIHAR Date: 2023.12.28 11:34:23 +05'30'