Madhya Pradesh High Court
Girwar And Ors. 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 VIVEK JAIN
ON THE 28 th OF DECEMBER, 2023
CRIMINAL APPEAL No. 556 of 2000
BETWEEN:-
1. GIRWAR S/O CHANDANLAL BISEN, AGED ABOUT
50 YEARS, VILLAGE KOSTE, POLICE STATION
WARASEONI, BALAGHAT (MADHYA PRADESH)
2. SAHASRAM GOND S/O RATIRAM GOND, AGED
ABOUT 22 YEARS, VILLAGE KOSTE PS.
WARASEONI BALAGHAT (MADHYA PRADESH)
3. RAJKUMAR S/O BASANTRAM GOND, AGED
ABOUT 18 YEARS, VILLAGE KOSTE, PS.
WARASEONI, BALAGHAT (MADHYA PRADESH)
4. HEMRAJ S/O TEJRAM THAKRE, AGED ABOUT 39
YE A R S , VILLAGE KOSTE, PS. WARASEONI,
BALAGHAT (MADHYA PRADESH)
5. DHANLAL S/O TEJRAM THAKRE, AGED ABOUT 30
Y E A R S , VILLAGE KOSTE, PS.
WARASEONI,VILLAGE KOSTE, PS. WARASEONI,
BALAGHAT (MADHYA PRADESH)
6. SALIGRAM S/O BHIVAJI THAKRE, AGED ABOUT
50 YEARS, VILLAGE KOSTE PS. WARASEONI,
BALAGHAT (MADHYA PRADESH)
7. BABULAL S/O TEJIRAM THAKRE, AGED ABOUT 26
Y E A R S , VILLAGE KOSTE PS. WARASEONI,
BALAGHAT (MADHYA PRADESH)
.....APPELLANTS
(NONE FOR THE APPELLANTS)
AND
THE STATE OF MADHYA PRADESH (MADHYA
PRADESH)
.....RESPONDENT
Signature Not Verified
Signed by: RAJESH KUMAR
JYOTISHI
Signing time: 1/3/2024
6:51:55 PM
2
(BY SHRI TEEKARAM KURMI - PANEL LAWYER)
This appeal coming on hearing this day, t h e cou rt passed the
following:
ORDER
T he present appeal has been filed against the judgment of conviction
dated 12.01.2000, whereby the appellant No.1 has been convicted for offences
under Sections 325 and 148 of the I.P.C. and sentenced to undergo R.I. for six
months with fine of Rs.250/- and R.I. for six months and appellant Nos.2 to 7
have been convicted for offences under Sections 325/149 and 148 of the I.P.C.
and sentenced to undergo R.I. for six months with fine of Rs.200/- each and
R.I. for six months each respectively, with default stipulations.
2. The prosecution case in brief is that the incident occurred on
25.11.1996 in the night at about 10 pm. It is alleged that the accused persons
and the complainant had some dispute in relation to appointment of Pujari in the
temple of the village. On 25.11.1996, the accused persons were waiting for
complainant and when the complainant approached, they abused and hit
complainant resulting in injuries on the complainant.
3. This Court has gone through the statements of Deep Chand (PW-1),
Issu Lal (PW-2), medical evidence of Doctor PW-6 and PW-7 and other
witnesses. Upon perusal of evidence on record, the findings recorded by the
trial Court appeared to be impeccable and well reasoned which does not
warrant any interference from this Court in appellate jurisdiction.
4. The sentence needs to be modified looking to the mitigating
circumstances of the case. The appellants were young aged person at the time
of incident and no further criminal record has been shown against the
appellants. The appellants were on bail during investigation and trial and they are
on suspension of sentence during the pendency of present appeal. There is
nothing on record to suggest that they have misused the terms of bail during all
these years. The appellants have already undergone jail sentence of 4 to 8 days.
They have been facing investigation and trial and are also contesting the present
appeal since last about 23 years.
5 . Considering the aforesaid mitigating circumstances, I deem it fit to
reduce the jail sentence to one already undergone by the appellants and the fine
amount is enhanced to Rs.5,000/- on each appellant under all offences taken
together.
6. Let the fine amount be paid within three months from today failing
which sentence originally awarded by the trial Court would come into force and
the appellants will be taken into custody to serve out the remaining jail sentence.
7. Let record of the trial court be sent along with copy of this order for
information and necessary action. Bail bonds of the appellants be discharged.
(VIVEK JAIN)
V. JUDGE
rj
