Ashok Sharma vs State Of M.P.
2023 Latest Caselaw 22710 MP

Madhya Pradesh High Court

Ashok Sharma vs State Of M.P. 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. 1036 of 2013

                           BETWEEN:-
                           ASHOK SHARMA S/O SHRI VISHAMBHAR SHARMA,
                           AGED      ABOUT    40   YEARS, R/O JAJIPURA
                           P.S.NIRAR,MORENA (MADHYA PRADESH)

                                                                                        .....APPELLANT
                           (BY SHRI R.K.BHARDWAJ - ADVOCATE )

                           AND
                           STATE OF M.P. TH: P.S.NIRAR,MORENA MORENA
                           (MADHYA PRADESH)

                                                                                     .....RESPONDENTS
                           (BY SMT. KALPANA PARMAR - 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 28/12/2013 passed by Second Additional Sessions Judge, Jaura, District Morena in S.T. No.66/2007; whereby, learned trial Court while acquitting the appellant from charge of offence under Sections 307/34 and 506-B of IPC, convicting the present appellant for commission of offence under Section 324/34 of IPC and sentenced him to undergo one year RI with fine of Rs. 500/- and in default of payment of fine to further undergo one month imprisonment.

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 46 days, the fine amount is enhanced from Rs. 500/- to 2,500/- 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/-