Prabhulal vs The State Of Madhya Pradesh
2023 Latest Caselaw 22804 MP

Madhya Pradesh High Court

Prabhulal vs The State Of Madhya Pradesh 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. 9601 of 2018

                          BETWEEN:-
                          1.    PRABHULAL S/O KISHANLAL LODA, AGED ABOUT
                                55 YEARS,

                          2.    RAMESH S/O PRABHULAL LODA, AGED ABOUT 35
                                YEARS,

                          3.    NAHAR SINGH S/O PRABHULAL LODA, AGED
                                ABOUT 30 YEARS,
                                ALL R/O VILLAGE PAGDI, P.S. CHANCHODA,
                                DISTRICT GUNA (MADHYA PRADESH)

                                                                                       .....APPELLANT
                          (BY SHRI RISHIKESH BOHRE - ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH INCHARGE POLICE
                          STATION THROUGH P.S. CHANCHODA, DISTRICT GUNA
                          (MADHYA PRADESH)

                                                                                      .....RESPONDENT
                          (BY SHRI GIRRAJ SONI - PANEL LAWYER)

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

1. This appeal has been filed by the appellants under Section 374 (2) of Cr.P.C. b eing aggrieved by the judgment dated 27.11.2018 passed by Additional Sessions Judge, Chanchoda, District Guna in Session Trial No.142/2016 whereby appellants have been convicted under Section 323/34 of IPC (on two counts) and sentenced to undergo six months rigorous

imprisonment with fine of Rs.200/-, with default stipulation.

2 . Learned counsel for the appellants submits that he does not wish to challenge the conviction of the appellants for the aforesaid offence. As regards sentence, it is submitted by learned counsel for the appellants that injured persons suffered simple injuries in the incident. It is further submitted that the incident is of the year 2012 and since then the appellants are facing the trial. Therefore, it is prayed that sentence of the appellant may be reduced till rising of the Court while enhancing the fine amount suitably.

3. Learned counsel for the State supported the impugned judgment, but he has no objection on deciding the appeal on the point of sentence.

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

5. 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 appellants under Section 323/34 of IPC (on two counts), hence, conviction of the appellants under Section 323/34 of IPC (on two counts) needs no interference.

6. 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 appellants till rising of the Court, the fine is enhanced to Rs.1,000/- under Section 323/34 of IPC (on two counts). Accordingly, the jail sentence of the appellants is reduced till rising of the Court and fine amount be enhanced to Rs.1,000/- under Section 323/34 of IPC (on two counts). Appellants are directed to remain present before the trial Court within a period of 60 days from today to serve the sentence of till rising of the Court and within the aforesaid period also deposit the aforesaid fine amount, failing which the appellants will have to suffer the

sentence as awarded by the trial Court. The fine amount, if any already deposited by the appellants be adjusted against the aforesaid amount of fine. The entire amount of fine deposited by the appellants be equally distributed in favour of the injured persons as compensation under Section 357 of Cr.P.C.

With the aforesaid, the appeal stands disposed of.

(RAJENDRA KUMAR VANI) JUDGE Ahmad