Madhya Pradesh High Court
Mahendra vs The State Of Madhya Pradesh Thr on 29 December, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE RAJENDRA KUMAR VANI
ON THE 29 th OF DECEMBER, 2023
CRIMINAL APPEAL No. 1056 of 2016
BETWEEN:-
MAHENDRA S/O SHRI DAMODAR KUSHWAH, AGED
ABOUT 40 YEARS, R/O GRAM MADHI THANA
NAISARAY, DISTT. ASHOKNAGAR (MADHYA PRADESH)
.....APPELLANT
(BY SHRI M.L. YADAV - ADVOCATE )
AND
THE STATE OF MADHYA PRADESH THR INCHARGE
POLICE STATION P.S. NAISARAY DIT. ASHOKNAGAR
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI GIRRAJ SONI - PANEL LAWYER )
This appeal coming on for hearing on admission this day, th e court
passed the following:
ORDER
This appeal has been filed by the appellant under Section 374 of Cr.P.C.
being aggrieved by the judgment dated 27.09.2016 passed by the first
Additional Sessions Judge, Ashoknagar in Sessions Trial No.131/2012
whereby the appellant- Mahendra has been convicted under Section 324 of the
I.P.C and sentenced to undergo One year rigorous imprisonment with a fine of
Rs.2000/-
2 . In brief, the prosecution story is such that complainant Halkaiya
lodged report that on 07.07.2012 some altercation took place between
complainant and accused persons on the issue of pouring soil, due to which,
accused persons Mahendra and Pratap abused and assaulted him by means of
Axe and lathi as a result of which he sustained injuries in his hand and leg. On
the report of the complainant, at Police Station Nai Sarai, Distt. Ashoknagar
Crime No. 116 of 2012 under Sections 323, 294, 506 and 34 of IPC was
registered against the appellant. After completion of investigation, charge-sheet
was filed in the Court. Charges were framed against accused persons which
they denied and requested for trial. After trial, appellant-Mahendra has been
convicted and sentenced as aforesaid
3. Learned counsel for the appellant/accused submitted that he does not
wish to challenge the conviction of the appellant for the aforesaid offence. As
regards sentence, it is submitted by learned counsel for the appellant that the
period already undergone would be sufficient in the ends of justice as the
appellant has already suffered 08 days jail sentence and he has been facing
agony of trial since 2016 for a period of near about 07 years. It is further
submitted that appellant has no previous criminal antecedents. It is prayed that
sentence of the appellant may be reduced to the period already undergone while
enhancing fine amount suitably.
4. Learned counsel for the State supported the impugned judgment but he
has no objection on deciding the appeal on the point of sentence.
5. Heard the learned counsel for the parties and perused the record.
6. After hearing learned counsel for both the parties and on perusal of the
record, it is found that trial Court has rightly appreciated the evidence on record
and rightly convicted the appellant under Section 324 of the I.P.C. hence,
conviction of the appellant under Section 324 of the L.P.C. needs no
interference.
7 . As regards sentence, looking to the facts and circumstances of the
case and evidence on record, in the considered opinion of this Court, ends of
justice would meet if while reducing the jail sentence of the appellant to the
period already undergone by him and fine amount is enhanced to Rs. 4000/-
under Section 324 of the L.P.C. Accordingly, while affirming the conviction of
the appellant under Section 324 of the LP.C. jail sentence of the appellant is
reduced to the period already undergone by him and fine amount is enhanced
to Rs. 4000/-. The fine amount already deposited by the appellant be adjusted
against the aforesaid amount of fine. The fine amount shall be deposited by him
within a period of two months from today, failing which the appellant will have
to suffer the sentence as awarded by the trial Court. The entire amount of the
fine deposited by the appellant be paid to the complainant/injured as
compensation under Section 357 of Cr.P.C.
With the aforesaid, the appeal stands disposed of.
(RAJENDRA KUMAR VANI)
JUDGE
ar
