Rambabu vs State Of M.P.
2023 Latest Caselaw 22402 MP

Madhya Pradesh High Court

Rambabu 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.883 OF 2010

   BETWEEN:-

   RAMBABU, S/O HARKISHAN SHARMA, AGED 39
   YEARS,   OCCUPATION: AGRICULTURIST, R/O
   VILLAGE   AAJRODA,    POLICE  STATION-
   FATEHGARH,    DISTRICT- GUNA (MADHYA
   PRADESH)

                                                                       ........APPELLANT

   (BY SHRI HARIOM TIWARI - ADVOCATE)

    AND

    STATE OF M.P. THROUGH POLICE STATION-
    FATEHGARH,   DISTRICT- GUNA  (MADHYA
    PRADESH)

                                                                     ........RESPONDENT

   (BY SHRI GIRRAJ SONI- PANEL LAWYER)
---------------------------------------------------------------------------------------------
       This appeal coming on for orders this day, the Court passed the
following:
                                         ORDER

This appeal is pending since 2010. This appeal has been filed by the appellant against the judgment of conviction and order of sentence dated 04/10/2010 passed by Special Judge (Atrocities Act), District- Guna (M.P.) in S.S.T. No.92/2006, whereby the appellant has been convicted and

sentenced as under:-

Section Sentence Fine (Rs.) Default Stipulation 325 of IPC 1 Year RI 2000/- 6 Months RI

2. Learned counsel for the appellant submits that learned trial Court had acquitted the appellant from the offence under Sections 294 and 341 and Section 3(1)(10) of SC/ST Act. Appellant remained in custody only one day and incident is of the year 2006 and more than 17 years have lapsed. Learned counsel for the appellant by not pressing on conviction 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 where cock (hen) of complainant was eaten by dog of accused and quarrel took place, this Court is of the view that while affirming the conviction of the appellant under Section 325 of IPC, jail sentence of the appellant is reduced to the period already undergone by him but fine amount is enhanced from Rs.2000/- to Rs.10,000/- for the offence 325 of IPC 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 trial Court. Out of the fine amount deposited by the appellant, Rs.7000/- additional be given to the injured- Brajmohan as compensation. Rest of the amount shall be treated as cost of the prosecution.

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 Digitally signed by RAHUL SINGH PARIHAR

rahul DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR,

SINGH 2.5.4.20=eac942476567cd1b39b3da4606840 3462fdf82ab676d0cde4dee473fe77953f5, postalCode=474001, st=Madhya Pradesh, serialNumber=0275C4F803F94C47998BE5C5

PARIHAR 34E21BDED910FD4AB9D159B55575E814D05 B2EED, cn=RAHUL SINGH PARIHAR Date: 2023.12.28 11:35:12 +05'30'