Madhya Pradesh High Court
Jagannath 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. 873 of 2010
BETWEEN:-
1. JAGANNATH S/O DEEMAN SINGH YADAV, AGED
ABOUT 28 YEARS, OCCUPATION: AGRICULTURIST
R/O VILLAGE PIPRESARAY, P.S. CHANDERI,
DISTT. ASHOKNAGAR (MADHYA PRADESH)
2. DEEMAN SINGH S/O SHRI PURAN SINGH, AGED
ABOUT 67 YEARS, OCCUPATION: AGRICULTURIST
R/O VILL. PIPRESARAY, P.S. CHANDERI,
DISTT.ASHOKNAGAR
3. PARMAL SINGH S/O SHRI DEEMAN SINGH, AGED
ABOUT 34 YEARS, OCCUPATION: AGRICULTURIST
R/O VILL.PIPRESARAY, P.S. CHANDERI, DISTT.
ASHOKNAGAR
4. JAGRAM SINGH S/O SHRI DEEMAN SINGH, AGED
ABOUT 36 YEARS, OCCUPATION: AGRICULTURIST
R/O VILL. PIPRESARAY, P.S. CHANDERI, DISTT.
ASHOKNAGAR
.....APPELLANTS
(BY SHRI PRADEEP KATARE - ADVOCATE)
AND
THE STATE OF M.P. THROUGH P.S. CHANDERI
DISTRICT ASHOKNAGAR (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
Though case is listed today for consideration of I.A.No.6118/2019, an
application for condonation of absence of appellants on 08.01.2019 is hereby
condoned.
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
08.10.2010 passed by learned Special Judge (SC/ST Act), District Guna in
S.T.No.60/2004, whereby the trial Court has acquitted the appellants under
Section 3(1)(x) but has convicted them under Section 323/34 IPC and
sentenced to undergo six months RI with fine of Rs.250/- each and Section 341
IPC with punishment upto rising of the Court and fine of Rs.500/- each with
default stipulations.
2. Learned counsel for the appellant submits that appellant no.1 remained
in custody for 4 days and appellant No.2 for 10 days whereas appellants No.3
and 4 remained in custody for 3-3 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, 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 the appellants, fine amount under Section 323/34
IPC is enhanced from Rs.250/- to Rs.1,000/- each 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.
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
