Rajbahadur vs State Of M.P.
2023 Latest Caselaw 22532 MP

Madhya Pradesh High Court

Rajbahadur 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. 416 of 2011

                           BETWEEN:-
                           RAJBAHADUR S/O SHRI SURAJPAL SINGH RAJAVAT,
                           AGED 60 YEARS, R/O GRAM PARVIN THANA MEHGAON
                           DISTRICT BHIND (MADHYA PRADESH)

                                                                                            .....APPELLANT
                           (BY SHRI PRADEEP KATARE - ADVOCATE)

                           AND
                           THE STATE OF M.P. THROUGH ARAKSHI KENDRA
                           MEHGAON, DISTRICT BHIND (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

I.A. No.9080/2015, an application for change in place of appellant's

appearance is not pressed by counsel for the appellant, hence, it is dismissed as withdrawn.

With the consent of both the parties, matter is heard finally. 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 28.04.2011 passed by learned Special Judge, District Bhind in S.T.No.24/2008, whereby the trial Court has acquitted the appellant under Section 294 IPC alongwith Section 506 (part 2) of IPC but has convicted him under Section 323

IPC and sentenced to undergo six months RI with fine of Rs.500/- and Section 451 IPC and sentenced to undergo one year with fine of Rs.1,000/-, with default stipulations.

2. Learned counsel for the appellant submits that the appellant remained in custody for 3 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 appellant 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, conviction is affirmed but on the point of sentence, this appeal is partly allowed on the basis of sentence undergone which is of 3 days, by setting aside jail sentence of the appellant under Section 323 IPC, fine amount under Section 323 IPC is enhanced from Rs.500/- to Rs.1,000/- and under Section 451 IPC is enhanced from Rs.1,000/- to Rs.2,000/- and if fine amount as imposed by the trial Court has already been deposited by the appellant, same be adjusted. If appellant 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 appellant has already been suspended, his bail bonds shall stand discharged and if he fails to deposit the fine amount, he has to undergo total jail sentence of four months.

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