Deendayal vs The State Of Madhya Pradesh Thr.
2023 Latest Caselaw 22699 MP

Madhya Pradesh High Court

Deendayal 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. 940 of 2015

                           BETWEEN:-
                           1.    DEENDAYAL S/O SHRI SHIVNARAYAN SHARMA,
                                 AGED 30 YEARS, R/O GRAM KULLOLI PARGAN
                                 SABALGARH DISTRICT MORENA (MADHYA
                                 PRADESH)

                           2.    VINOD S/O SHIVNARAYAN SHARMA, AGED 45
                                 YEARS,     R/O GRAM KULHOLI PARGANA
                                 SABALGARH DISTRICT MORENA (MADHYA
                                 PRADESH)

                                                                                      .....APPELLANTS
                           (BY SHRI V.K.AGRAWAL - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH POLICE
                           STATION SABALGARH DISTRICT MORENA (MADHYA
                           PRADESH)

                                                                                     .....RESPONDENT
                           (BY SHRI ALOK SHARMA - PANEL LAWYER)

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

1. 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 28.09.2015 passed by learned Second Additional Sessions Judge, District Morena in S.T.No.220/2009, whereby the appellants have been convicted under Sections 323/34 IPC and sentenced them to undergo one-one year RI with fine of Rs.1,000-1,000/-, with default stipulation.

2 . Learned counsel for the appellants submits that appellant No.1- Deendayal remained in custody for 11 months 10 days and appellant No.2- Vinod for 2 months 2 days.

3. Learned counsel for the State has no objection if sentence of appellants is converted to undergone.

4. Heard learned counsel for both the parties and perused the record.

5. Considering the aforesaid facts and looking to the nature of offence, this Court is of the considered view that the ends of justice would be met if the jail sentence awarded to the appellants is set aside while retaining the fine amount. Accordingly, the appeal deserves to be partly allowed. While

maintaining the appellant's conviction for offence under Section 323/34 of IPC, the sentence awarded to them is hereby reduced to the period already undergone by them (appellant No.1- 11 months 10 days and appellant No.2- 2 months 2 days). The fine amount imposed by the trial Court for offence under Section 323/34 of IPC is not disturbed. The appellants are set free and their bail bonds and surety bonds, if any, are discharged.

6. Accordingly, this appeal is disposed of and rest of the impugned judgment is kept intact.

7. Let a copy of this order be sent to the trial Court concerned for information.

(AVANINDRA KUMAR SINGH) V. JUDGE Adnan