Madhya Pradesh High Court
Balveer Singh vs The State Of Madhya Pradesh 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.360 OF 2009
BETWEEN:-
1. BALVEER SINGH, S/O SULTAN SINGH, AGED 46
YEARS, R/O VILLAGE SINGHAN POLICE STATION
BADARWAS, DISTRICT- SHIVPURI (MADHYA
PRADESH)
2. GOPAL, S/O SULTAN SINGH, AGED 43 YEARS, R/O
VILLAGE SINGHAN, POLICE STATION-
BADARWAS, DISTRICT- SHIVPURI (MADHYA
PRADESH)
3. MALKHAN SINGH, S/O GHUMAN SINGH, AGED 46
YEARS, R/O VILLAGE SINGHAN, POLICE
STATION- BADARWAS, DISTRICT- SHIVPURI
(MADHYA PRADESH)
........APPELLANTS
(BY SHRI AMIT GOSWAMI- ADVOCATE)
AND
STATE OF M.P. THROUGH POLICE STATION-
BADARWAS, DISTRICT- SHIVPURI (MADHYA
PRADESH)
........RESPONDENT
(BY SHRI GIRRAJ SONI- PANEL LAWYER)
---------------------------------------------------------------------------------------------
This appeal coming on for orders this day, the Court passed the
following:
2
ORDER
This appeal is pending since 2009. This appeal has been filed by the
appellants against the judgment of conviction and order of sentence dated
12/05/2009 passed by Special Judge (Atrocities Act), District- Shivpuri
(M.P.) in S.S.T. No.169/2007, whereby the appellants have been convicted
and sentenced as under:-
Section Sentence Fine (Rs.) Default Stipulation
325/34 of IPC 6 Months RI 2000/- 1 Month RI
2. Learned counsel for the appellants submits that appellants No.1 to 3
remained in custody of 4 days and incident is of the year 2007 and more
than 17 years have lapsed. Learned counsel for the appellants by not
pressing on conviction confined his argument only to the point of sentence
and prays that the sentence awarded to them be modified to the extent that
period already undergone by them 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 appellants under Section 325/34 of IPC, jail
sentence of the appellants is reduced to the period already undergone by
them but fine amount is enhanced from Rs.2000/- to Rs.5000/- each for the
offence 325/34 of IPC which shall be deposited by them within a period of
30 days' from the date of receipt of certified copy of this order, failing
which the appellants will have to suffer the complete sentence as awarded
by the trial Court. Out of the fine amount deposited by the appellants,
Rs.6000/- each be given to the complainant- Ranga Mongiya 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
DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH
RAHUL SINGH
rahul
GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH
GWALIOR,
2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab6
76d0cde4dee473fe77953f5, postalCode=474001,
PARIHAR
st=Madhya Pradesh,
serialNumber=0275C4F803F94C47998BE5C534E21BDED9
10FD4AB9D159B55575E814D05B2EED, cn=RAHUL SINGH
PARIHAR
Date: 2023.12.28 11:33:34 +05'30'
