Kalla @ Kalyan Singh vs The State Of Madhya Pradesh Thr
2023 Latest Caselaw 22678 MP

Madhya Pradesh High Court

Kalla @ Kalyan Singh vs The State Of Madhya Pradesh Thr on 28 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 28 th OF DECEMBER, 2023
                                            CRIMINAL APPEAL No. 1205 of 2016

                           BETWEEN:-
                           KALLA @ KALYAN SINGH S/O SHRI BHARAT SINGH
                           NARWARIYA, AGED ABOUT 30 YEARS, OCCUPATION:
                           AGRICULTURIST, R/O VILL. NUNAHAD P.S. GORMI
                           DIST. BHIND (MADHYA PRADESH)

                                                                                        .....APPELLANT
                           (BY SHRI S.S.NARWARIYA & SMT. UPENDRI SINGH - ADVOCATES )

                           AND
                           THE STATE OF MADHYA PRADESH THR       POLICE
                           STATION GORMI DIST. BHIND (MADHYA PRADESH)

                                                                                      .....RESPONDENT
                           (BY SHRI VPS TOMAR - PANEL LAWYER)

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

Appellant has filed this appeal under Section 374 of Cr.P.C. being

aggrieved by judgment of conviction and order of sentence dated 27/10/2016 passed by Special Judge (SC/ST Act), Bhind, District Bhind in Special Case No. 40/2012; whereby, learned trial Court while acquitting the appellant from charge of offence under Section 307/149 of IPC and Section 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, convicting the present appellant for commission of offence under Section 148 and 323 of IPC and sentenced him to undergo six months RI for offence under

Section 148 of IPC, for offence under Section 323 of IPC, he has been

sentenced to undergo six months RI with fine of Rs. 500/- and in default of payment of fine to further undergo 1 months SI.

2 . Although this appeal has been filed on merits but today, learned counsel for the appellant pressed the appeal only regarding sentence part is concerned and do not press the conviction part as mentioned above.

3. Learned counsel for the State expressed no objection if the above prayer is allowed.

4 . Although, conviction part of the impugned judgment has not been pressed on merits but to do substantial justice, judgment of the trial Court is perused, oral and documentary evidence seen and after perusing the judgment

as well as the record, this Court is of the view that the trial Court has properly recorded the conviction of the appellant as mentioned hereinabove. Hence, his conviction is hereby affirmed; however, regarding quantum of sentence, while reducing the jail sentence of present appellant to the period already undergone by the appellans which is 63 days, a fine amount of Rs. 100/- is imposed for offence under Section 148 of IPC and for offence under Section 323 of IPC, the fine amount is enhanced from Rs. 500/- to 1,000/- 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 one month.

5. Accordingly, appeal is allowed in part with the above observations. Let a copy of this order be sent to the trial Court concerned for

information.

(AVANINDRA KUMAR SINGH) V. JUDGE JPS/-