Bhola Prasad Vishwakarma vs The State Of M.P.
2023 Latest Caselaw 22818 MP

Madhya Pradesh High Court

Bhola Prasad Vishwakarma 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 DEVNARAYAN MISHRA
                                              ON THE 29 th OF DECEMBER, 2023
                                             CRIMINAL APPEAL No. 2012 of 2001

                           BETWEEN:-
                           BHOLA PRASAD VISHWAKARMA, S/O OSERI PRASAD
                           VISHWAKRMA, AGED ABOUT 35 YEARS, OCCUPATION
                           AGRICULTURIST, R/O VILLAGE BASOURAHA, P.S
                           KOTWARI SIDHI (M.P)

                                                                                           .....APPELLANT
                           (BY SHRI DEVDATT BHAVE - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH STATION
                           HOUSE OFFICER, S.C/S.T KALAYAN THANA, SIDHI (M.P)

                                                                                         .....RESPONDENT
                           (BY SHRI S.K DUBEY - PANEL LAWYER FOR RESPONDENT/STATE)

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

This appeal has been filed being aggrieved with the judgment and finding

dated 26.11.2001 passed in Special Case No.114/2000 by the Special Judge SC- ST (PA) Act, Sidhi by which the appellant has been convicted for the offence under Sections 354 & 323 and sentence to R.I of three-three months and the fine amount of Rs.500/- and Rs.500/- with default stipulations.

2. Learned counsel for the appellant has submitted that the case is of the year 2000 and the appeal is pending since 2001, at that time the appellant was of 35 years of age and victim was a married woman of 25 years old, no previous

conviction has been proved. Hence the jail sentence be reduced to the period

already undergone.

3. Learned counsel for the respondent/State has argued that if the conviction is maintained and fine amount enhanced then, he has no objection in reducing the jail sentence.

4. Consequently, appeal is partly allowed. Conviction of the appellant under Section 354 and 323 of IPC is maintained. Jail sentence of the appellant for offence punishable under Sections 354 & 323 is reduced to the period already undergone but fine amount is enhanced for the offence punishable under Section 354 from Rs. 500/- to Rs.8000/- and for offence under Section 323 is enhanced from Rs.500 to Rs.1000/-.

5. The appellant is directed to deposit the fine amount before the concerned trial Court within 90 days from today. If the aforesaid fine amount is not deposited within the stipulated time period, then the appellant shall undergo simple imprisonment of three months and one month respectively. The appellant is on bail, his bail bonds and surety bonds stand discharged subject to deposit of aforesaid fine amount.

6. In this case, there is only one injured person and after the fine amount is deposited, under Section 357 of the Code of Criminal Procedure an amount of Rs.5,000/- shall be paid to complainant Gulabua by the trial Court.

7. Record of the trial Court be sent back immediately along with a copy of this order for information and necessary action.

(DEVNARAYAN MISHRA) JUDGE SN