Natthu Lal Verma vs The State Of Madhya Pradesh
2023 Latest Caselaw 22604 MP

Madhya Pradesh High Court

Natthu Lal Verma vs The State Of Madhya Pradesh on 28 December, 2023

                                                                  1
                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                     BEFORE
                                  HON'BLE SHRI JUSTICE PRAMOD KUMAR AGRAWAL
                                               ON THE 28 th OF DECEMBER, 2023
                                              CRIMINAL APPEAL No. 1551 of 2012

                           BETWEEN:-
                           NATTHU LAL VERMA S/O BANDU VERMA, AGED
                           ABOUT 33 YEARS, GOHAD KI MADIYAN P.S. PAWAI
                           (MADHYA PRADESH)

                                                                                         .....APPELLANT
                           (BY SHRI D.S. BAGHEL - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH THROJGH P.S.
                           PAWAI (MADHYA PRADESH)

                                                                                       .....RESPONDENT
                           (BY SHRI R.P. PRAJAPATI - PANEL LAWYER FOR THE STATE)

                                 This appeal coming on for final hearing this day, the court passed the
                           following:
                                                                  ORDER

This appeal has been filed under Section 374(2) of the Cr.P.C. against

the judgment of conviction dated 09/07/2012 passed by the Additional Sessions Judge, Pawai, District-Panna in Session Trial No.17/2011, whereby learned Additional Sessions Judge found the appellant guilty for the offence punishable under Section 324 of IPC and directed to suffer SI for 03 months with fine of Rs. 1000/- with default stipulation.

2. Relevant facts, briefly stated are that on the basis of report lodged, Crime No.78/10 was registered against the appellant at Police Station Pawai, District Panna for commission of offence punishable under Sections 324, 294

and 506 (Part-II) of the IPC. After completion of investigation, charge-sheet has been filed before the competent Court.

3. After recording the statements of prosecution witnesses and appreciating the evidence led by parties, learned trial Court found the appellant guilty for the offence punishable under Section 324 of IPC and sentenced him as mentioned above. Being aggrieved with the impugned judgment, the appellant has preferred this criminal appeal before this Court.

4. Learned counsel for the appellant expressly gave up his challenge to the findings of the Court below so far as the conviction of the appellant is concerned. In other words, learned counsel for the appellant accepted the

finding of conviction passed against the appellant, however, he challenged the quantum of punishment alone. It is submitted that the appellant remained in custody for more than one month, he is the first offender and counsel assures that he will not involve in such criminal activities in future. In the trial Court complainant has also filed a compromise application. It is also submitted that having regard to all circumstances which resulted in appellant's conviction and further keeping in view the fact that the appellant is facing the trial since the year 2011 and appeal is pending since 2012, therefore, he prayed that the jail sentence of appellant be reduced suitably.

5. Learned Panel Lawyer for the respondent/State has submitted that after appreciating the evidence produced by the prosecution, the Court below has rightly found the appellant guilty for the aforesaid offence, therefore, no grounds are available for reducing the jail sentence awarded to the appellant, hence, he prayed for dismissal of the appeal.

6. Having heard learned counsel for the parties and on perusal of entire record of the case, I am inclined to allow this appeal in part upon finding some

force in the submissions made by the learned counsel for the appellant.

7. Though the appellant has not made any attempt to assail the finding of his conviction on merits, yet with a view to satisfy myself as to whether the findings of the Court below of conviction is legally sustainable or not, I perused the record and especially therein having so perused, I am satisfied that no case is made out to interfere in the findings of the Court below on merits. From the perusal of the record, it reveals that the finding of the trial court is based on proper appreciation of oral and documentary evidence therefore, upheld the findings of conviction of appellant under Section 324 of IPC recorded by the Court below.

8. Considering the submissions of learned counsel for the appellant and period of jail sentence already undergone by him and the fact that the appellant has no previous criminal antecedents and this appeal is of the year 2012 and looking to the facts and circumstances of the present cas e, I am of the considered view that the ends of justice would be met if the appellant is sentenced for the period already undergone by him with some enhancement in the fine amount.

9. Consequently, the appeal is partly allowed. The impugned conviction i s hereby maintained. However, the jail sentence imposed on appellant is reduced to the period already undergone by him and fine of Rs.1000/- is

enhanced to Rs. 2000/- under Section 324 of IPC, which shall be deposited within one month. In default of payment of fine amount within the stipulated period, the appellant shall suffer 1 month R.I. Appellant is on bail. His bail bond stands discharged.

10. With the aforesaid modification, the present criminal appeal stands

partly allowed and disposed of.

Let a copy of this order alongwith record be sent to the court below for information and necessary compliance.

Certified copy as per Rules.

(PRAMOD KUMAR AGRAWAL) V. JUDGE K.S.