Madhya Pradesh High Court
Accheylal Patel vs The State Of Madhya Pradesh on 29 December, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE PRAMOD KUMAR AGRAWAL
ON THE 29 th OF DECEMBER, 2023
CRIMINAL APPEAL No. 6893 of 2023
BETWEEN:-
1. ACCHEYLAL PATEL S/O SHRIRAM, AGED ABOUT
61 YEARS, OCCUPATION: AGRICULTURIST R/O
VILLAGE OF RAMGARH POLICE STATION CIVIL
LINES DISTRICT CHHATARPUR (MADHYA
PRADESH)
2. JAIRAM PATEL S/O SHRI PREMCHAND PATEL,
AGED ABOUT 26 YEARS, OCCUPATION:
AGRICULTURIST R/O VILLAGE OF RAMGARH
POLICE STATION CIVIL LINES DISTRICT
CHHATARPUR (MADHYA PRADESH)
3. VEER @ DESHRAJ PATEL S/O SHRI JEEVANLAL
PATEL, AGED ABOUT 34 YEARS, OCCUPATION:
AGRICULTURIST R/O VILLAGE OF RAMGARH
POLICE STATION CIVIL LINES DISTRICT
CHHATARPUR (MADHYA PRADESH)
4. KALLU PATEL S/O SHRI ACCHEYLAL PATEL,
AGED ABOUT 25 YEARS, OCCUPATION:
AGRICULTURIST R/O VILLAGE OF RAMGARH
POLICE STATION CIVIL LINES DISTRICT
CHHATARPUR (MADHYA PRADESH)
.....APPELLANTS
(BY SHRI S.N. PANDEY - ADVOCATE FOR APPELLANTS)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
POLICE STATION CIVIL LNES DISTRICT
CHHATARPUR (MADHYA PRADESH)
2. PARAMLAL AHIRWAR S/O SHRI DHANIRAM,
AGED ABOUT 61 YEARS, OCCUPATION: LABOUR
R/O VILLAGE OF RAMGARH POLICE STATION
CIVIL LINES DISTRICT CHHATARPUR (MADHYA
PRADESH)
Signature Not Verified
Signed by: DHEERAJ
PRATAP SINGH
Signing time: 1/9/2024
10:23:11 AM
2
.....RESPONDENTS
(BY SHRI PRADEEP DWIVEDI - PANEL LAWYER FOR STATE)
This appeal coming on for final hearing this day, the court passed the
following:
ORDER
This appeal has been filed under Section 374(2) of the Cr.P.C. against
the judgment of conviction dated 11.05.2023 passed by the Special Judge
(SC/ST Act), District - Chhatarpur in SCATR No.200061/2016, whereby
learned Special Judge found the appellants guilty for the offence punishable
under Section 323/34 (two counts) (each) and 341 (each) of IPC and directed
them to suffer R.I. for 03 months (per count) (each) and R.I. for 01 month and
fine of Rs.500/- (per count) (each) and Rs.500/- (each).
2. Relevant facts, briefly stated are that on the basis of report lodged,
Crime was registered against the appellants at Police Station Civil Line, District
Chhatarpur for commission of offence punishable under Section 341, 294, 323,
506, 34 of the IPC (each) and Section 3(1)(r), 3(1)(s) and 3(2)(5-a) of SC/ST
Act. After completion of investigation, charge-sheet has been filed before the
competent Court.
3. After recording the statements of prosecution witnesses and
appreciating the evidence led by parties, learned trial Court found the appellants
guilty for the offence punishable under Sections 323/34 (two counts) (each) and
341 (each) of IPC and sentenced them as mentioned above. Being aggrieved
with the impugned judgment, the appellants have preferred this criminal appeal
before this Court.
4. Learned counsel for the appellants expressly gave up his challenge to
the findings of the Court below so far as the conviction of the appellants is
concerned. In other words, learned counsel for the appellants accepted the
finding of conviction passed against the appellants, however, he challenged the
quantum of punishment alone. The appellants are the first offender and counsel
assures that they will not involve in such criminal activities in future. It is also
submitted that having regard to all circumstances which resulted in appellants'
conviction and further keeping in view the fact that the appellants are facing the
trial since the year 2016 and appeal is pending since 2023, therefore, he prayed
that the jail sentence of appellants be reduced suitably.
5. Learned counsel for the respondent/State has submitted that after
appreciating the evidence produced by the prosecution, the Court below has
rightly found the appellants guilty for the aforesaid offence, therefore, no
grounds are available for reducing the jail sentence awarded to the appellants,
hence, he prayed for dismissal of the appeal.
6. Having heard learned counsel for the parties and on perusal of entire
record of the case, I am inclined to allow this appeal in part upon finding some
force in the submissions made by the learned counsel for the appellants.
7. Though the appellants have not made any attempt to assail the finding
of their conviction on merits, yet with a view to satisfy myself as to whether the
findings of the Court below of conviction is legally sustainable or not, I perused
the record and especially therein having so perused, I am satisfied that no case
is made out to interfere in the findings of the Court below on merits. From the
perusal of the record, it reveals that the finding of the trial court is based on
proper appreciation of oral and documentary evidence therefore, upheld the
findings of conviction of appellants under Sections 323/34 and 341 of IPC
recorded by the Court below.
8. Considering the submissions of learned counsel for the appellants and
period of jail sentence already undergone by them which is about 9 days and the
fact that the appellants have no previous criminal antecedents and looking to the
facts and circumstances of the present case, I am of the considered view that
the ends of justice would be met if the appellants are sentenced for the period
already undergone by them with imposing fine amount on them.
9. Consequently, the appeal is partly allowed. The impugned conviction
i s hereby maintained. However, the jail sentence imposed on appellants is
reduced to the period already undergone by them. The fine amount is enhanced
from Rs.500 to 1000/-, which shall be deposited by the appellants within one
month from the date of receipt of certified copy of this order. In default of
payment of fine amount by appellants within the stipulated period, the appellants
shall suffer 1 month R.I. Appellants are on bail. Their bail bonds stand
discharged.
10. With the aforesaid modification, the present criminal appeal stands
partly allowed and disposed of.
Let a copy of this order alongwith record be sent to the court below for
information and necessary compliance.
Certified copy as per Rules.
(PRAMOD KUMAR AGRAWAL)
V.JUDGE
DPS
