Shishupal vs The State Of M.P.
2023 Latest Caselaw 22409 MP

Madhya Pradesh High Court

Shishupal vs The 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.826 OF 2008

   BETWEEN:-

   SHISHUPAL, S/O SHRI MANGILAL VERVA, AGED
   28 YEARS, R/O SHREEJI KI GHAVRI, POLICE
   STATION-   BARODA,   DISTRICT-  SHEOPUR
   (MADHYA PRADESH)
                                                                       ........APPELLANT

   (BY SHRI M.K. CHAUDHARY- ADVOCATE)

    AND

    STATE OF M.P. THROUGH POLICE STATION-
    BARODA,  DISTRICT-  SHEOPUR  (MADHYA
    PRADESH)

                                                                     ........RESPONDENT

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

This appeal is pending since 2008. This appeal has been filed by the appellant against the judgment of conviction and order of sentence dated 17/11/2008 passed by Special Judge (Atrocities Act), District- Sheopur (M.P.) in S.T. No.54/2006, whereby the appellant has been convicted and

sentenced as under:-

Section Sentence Fine (Rs.) Default Stipulation 325 of IPC 4 Months RI 500/- 1 Month RI

2. Learned counsel for the appellant submits that 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 325 of IPC, jail sentence of the appellant is reduced to the period already undergone by him but fine amount is enhanced from Rs.500/- to Rs.5000/- 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.3000/- be given to the complainant 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 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=eac942476567cd1b39b3da46068403462fdf82ab676 d0cde4dee473fe77953f5, postalCode=474001, st=Madhya

PARIHAR Pradesh, serialNumber=0275C4F803F94C47998BE5C534E21BDED910F D4AB9D159B55575E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2023.12.28 11:34:59 +05'30'