Deepak @ Dependra @ Deepu vs The State Of Madhya Pradesh Thr
2023 Latest Caselaw 22682 MP

Madhya Pradesh High Court

Deepak @ Dependra @ Deepu 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. 1165 of 2016

                           BETWEEN:-
                           DEEPAK @ DEPENDRA @ DEEPU S/O SHRI NEKRAM,
                           AGED ABOUT 22 YEARS, R/O VILL. NUNAHAD P.S.
                           GORMI DSIT. 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, th 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 323 of IPC and fine with Rs. 500/-

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, the

fine amount as imposed upon him for offence under Section 323 of IPC is enhanced from Rs.500/- to Rs. 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. It is hereby observed that the conviction and sentence passed against the appellant shall not adversely affect his service career as he is stated to be a Constable in M.P. Police.

6. 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/-