Raghuveer Lodhi vs State Of M.P.
2023 Latest Caselaw 22507 MP

Madhya Pradesh High Court

Raghuveer Lodhi vs State Of M.P. on 27 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 27 th OF DECEMBER, 2023
                                             CRIMINAL APPEAL No. 691 of 2008

                           BETWEEN:-
                           1.    RAGHUVEER LODHI S/O SHRI SRIPAT LODHI,
                                 AGED ABOUT 37 YEARS, R/O VILLAGE TAPRIAN
                                 MAHOBA P.S. BHONTI DISTT. SHIVPURI (MADHYA
                                 PRADESH)

                           2.    HAZARATH LODHI S/O SRIPAT LODHI, AGED
                                 ABOUT 35 YEARS, R/O VILL. TAPRIAN MAHOBA
                                 P.S. BHOTI DISTT. SHIVPURI (MADHYA PRADESH)

                                                                                       .....APPELLANTS
                           (BY SHRI JITENDRA TYAGI - ADVOCATE)

                           AND
                           THE STATE OF M.P. THROUGH P.S. BHONTI, DISTRICT
                           SHIVPURI (MADHYA PRADESH)

                                                                                      .....RESPONDENT
                           (BY SHRI V.P.S. TOMAR - PANEL LAWYER)

                                 Th is appeal coming on for hearing this day, t h e court passed the

                           following:
                                                             ORDER

This criminal appeal under Section 374 of Cr.P.C. has been filed by the appellant against the judgment of conviction and order of sentence dated 04.09.2008 passed by learned Special Sessions Judge (SC/ST Act), District Shivpuri in S.T.No.135/2006, whereby appellant No.1-Raghuveer Lodhi has been convicted under Section 323 IPC and sentenced to undergo three months RI with fine of Rs.1,000/- and appellant No.2-Hazarath Lodhi has been

convicted under Section 324 IPC and sentenced to undergo six months RI with

fine of Rs.2,000/-, with default stipulations.

2 . Learned counsel for the appellants submits that both the appellants were remained in custody for 5-5 days. He further submits that his only prayer is that fine amount may be enhanced.

3. Learned counsel for the State has no objection if sentence of appellants is converted to undergone.

4. Heard learned counsel for both the parties and perused the record.

5. Looking to the facts and circumstances of the case and perusal of record and in considered view of this Court, the trial Court has properly recorded the conviction of the appellants as mentioned hereinabove. Hence,

their conviction is hereby affirmed; however, regarding quantum of sentence, by setting aside jail sentence of appellant No.1-Raghuveer Lodhi fine amount is maintained, fine amount of appellant No.2-Hazarath Lodhi under Section 324 IPC is enhanced from Rs.2,000/- to Rs.4,000/- and if fine amount as imposed by the trial Court has already been deposited by the appellants, same be adjusted. If appellants deposit fine amount as directed hereinabove within a period of 30 days from the date of receipt of certified copy of this order, as the jail sentence of appellants has already been suspended, their bail bonds shall stand discharged and if they fails to deposit the fine amount, they have to undergo total jail sentence of four months. The amount of fine so deposited by the appellants be given to Sheelabai as compensation.

6. Accordingly, this appeal is disposed of.

7. Let a copy of this order be sent to the trial Court concerned for information.

(AVANINDRA KUMAR SINGH) JUDGE Adnan