Abidshah And Ors. vs The State Of M.P.
2023 Latest Caselaw 22754 MP

Madhya Pradesh High Court

Abidshah And Ors. vs The State Of M.P. on 29 December, 2023

                                                        1
                            IN    THE     HIGH COURT OF MADHYA PRADESH
                                               AT JABALPUR
                                                    BEFORE
                                        HON'BLE SHRI JUSTICE VINAY SARAF
                                           ON THE 29 th OF DECEMBER, 2023
                                           CRIMINAL APPEAL No. 630 of 2003

                           BETWEEN:-
                           1.    ABIDSHAH S/O MAHMOOD SHAH., AGED ABOUT
                                 38 YEARS, R/O MUKUNDPUR P.S. TALA TEHSIL-
                                 AMARPATAN DIST - SATNA (M.P)

                           2.    KHALIQSHAH S/O MOHMOOD SHAH, AGED
                                 ABOUT 32 YEARS, MUKUNDPUR P.S. TALA TEHSIL
                                 AMARPATEN DISTT. SATNA (MADHYA PRADESH)

                           3.    YAQUBSHAH S/O MAHMOOD SHAH, AGED ABOUT
                                 24  YEARS, MUKUNDPUR P.S. TALA TEHSIL
                                 AMARPATEN DISTT. SATNA (MADHYA PRADESH)

                           4.    WAHIDSHAH S/O MAQDOOM SHAH, AGED ABOUT
                                 25  YEARS, MUKUNDPUR P.S. TALA TEHSIL
                                 AMARPATEN DISTT. SATNA (MADHYA PRADESH)

                           5.    WAJIDSHAH S/O MAQDOOM SHAH, AGED ABOUT
                                 22   YEARS, MUKUNDPUR P.S. TALA TEHSIL
                                 AMARPATEN DISTT. SATNA (MADHYA PRADESH)

                           6.    NASHEER SHAH S/O MAQDOOM SHAH, AGED
                                 ABOUT 20 YEARS, MUKUNDPUR P.S. TALA TEHSIL
                                 AMARPATEN DISTT. SATNA (MADHYA PRADESH)

                           7.    MAHMOOD SHAH S/O ALLADEEN SHAH, AGED
                                 ABOUT 65 YEARS, MUKUNDPUR P.S. TALA TEHSIL
                                 AMARPATEN DISTT. SATNA (MADHYA PRADESH)

                                                                               .....APPELLANTS
                           (BY SHRI ESHAN DATT - ADVOCATE )

                           AND
                           THE STATE OF M.P. THROUGH P.S. TALA DIST. SATNA
                           (MADHYA PRADESH)

                                                                              .....RESPONDENTS
Signature Not Verified
Signed by: SHUBHAM
THAKKER
Signing time: 12/29/2023
7:59:50 PM
                                                       2
                           (BY SHRI PRASANJEET CHATTERJEE - PANEL LAWYER)

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

By the present appeal filed under Section 374(2) of the Code of Criminal Procedure, the appellant has challenged the judgment of conviction dated 31.03.2003 passed by Addl. Sessions Judge (Fast Track Court) Tehsil- Amarpatan District-Satna in S.T. No.261/2000 whereby the appellants have been convicted under Section 148, 323/149, 325/149 and 324/149 of IPC and sentenced to undergo R.I. for 6-6 months for each offence and fine of Rs.300/- , 500/-, 1000/- and Rs.2000/- respectively and in default to further undergo one

month, two months, three months and six months R.I.

2. The learned counsel for the appellant has submitted that the prosecution failed to prove the case beyond reasonable doubt. During the trial, the appellant No.1 to 6 remained in custody for more than 6 months however, appellant No.7 remained in custody from 03.11.2000 to 20.11.2000. He prayed for acquittal of the appellant.

3 . Per contra, the learned counsel appearing for the respondent/State supported the judgment and submitted that the prosecution has duly proved the incident and the learned Special Judge has rightly convicted the appellants under Sections 148, 323/149, 324/149 and 325/149 of IPC.

4. After considering the arguments of both the parties and after perusal of record, it appears that complainant lodged a report on 15.07.2000 at P.S. Tala Tehsil-Amarpatan District-Satna (M.P.) against the appellants and four other persons which was registered as Crime No. 68/2000 under Sections 147, 148, 149, 452, 323, 324, 506-B and 294 and after investigation, charge-sheet was

filed. During trial, 12 witnesses were examined by prosecution. The witnesses proved the commission of offence and involvement of the appellants. Learned trial Court after considering the statements of the witnesses and record of the case by judgment dated 31.03.2003 convicted the appellants and acquitted the other accused persons and sentenced as stated hereinabove. I do not find any reason to interfere in the findings of learned Addl. Sessions Judge and the conviction of the appellants under Sections 148, 323/149, 324/149 and 325/149 of IPC are hereby upheld.

5. However, looking to the facts that the incident took place in the year 2000, the prosecution has not brought any past criminal antecedents of the appellants on record, the appellants remained in custody for considerable time, there is no minimum sentence has been prescribed under Sections 148, 323, 324 and 325 of IPC, I deem it proper to reduce the jail sentence of the appellants to the extent of the period which they have already undergone.

6 . The appellants are on bail, their personal bonds and bail bonds be discharged. Accordingly, the appeal is partly allowed.

7 . Record of the trial Court be sent back along with copy of the judgment.

(VINAY SARAF) JUDGE Shub