Kallu Singh vs State Of M.P.
2023 Latest Caselaw 22403 MP

Madhya Pradesh High Court

Kallu Singh 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.720 OF 2010

  BETWEEN:-

   KALLU SINGH, S/O SUGHAR SINGH, AGED- 20
   YEARS, OCCUPATION- NILL, R/O ANOOP GANJ ,
   SEONDHA,   DISTRICT-   DATIA    DISTRICT-
   GWALIOR (MADHYA PRADESH)

                                                                       ........APPELLANT

   (BY SHRI R.S. YADAV - ADVOCATE)

    AND

    STATE OF M.P. THROUGH POLICE STATION-
    ARAKSHI KENDRA, D-PAR, DISTRICT- DATIA
    (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 2010. This appeal has been filed by the appellant against the judgment of conviction and order of sentence dated 12/08/2010 passed by Additional Judge, Seondha, District- Datia (M.P.) in S.T. No.53/2007, whereby the appellant has been convicted and sentenced as

under:-

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

2. Learned counsel for the appellant submits that appellant has been acquitted by the trial Court from the offence under Section 302 of IPC as the complainant had turned hostile. Appellant remained in custody five months and four days 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, this Court is of the view that while affirming the conviction of the appellant under Section 25(1)(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)(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

RAHULrahul DN: c=IN, o=HIGH COURT OF MADHYA PRADESH

SINGH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82 ab676d0cde4dee473fe77953f5, postalCode=474001,

PARIHAR st=Madhya Pradesh, serialNumber=0275C4F803F94C47998BE5C534E21BDE D910FD4AB9D159B55575E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2023.12.28 11:34:34 +05'30'