Mukesh vs The State Of Madhya Pradesh
2023 Latest Caselaw 22828 MP

Madhya Pradesh High Court

Mukesh vs The State Of Madhya Pradesh on 29 December, 2023

Author: Achal Kumar Paliwal

Bench: Achal Kumar Paliwal

                                                     1


                                 IN   THE   HIGH COURT      OF MADHYA

                                                 PRADESH

                                              AT INDOR E

                                                  BEFORE

                             HON'BLE SHRI JUSTICE ACHAL KUMAR PALIWAL

                                       ON THE 29 th OF DECEMBER, 2023

                                      CRIMINAL APPEAL No. 6764 of 2021


                           BETWEEN:-

                           MUKESH S/O GATTULAL YADAV, AGED ABOUT 55
                           YEARS, OCCUPATION: LABOUR R/O BADNAWAR,
                           DISTT.-DHAR (MADHYA PRADESH)


                                                                  .....APPELLANT
                           (SHRI KAILASH CHANDRA KAUSHAL, LEARNED COUNSEL
                           FOR THE APPELLANT).


                           AND

                           THE STATE OF MADHYA PRADESH THROUGH P.S.
                           BADNAWAR, DISTRICT DHAR (MADHYA PRADESH)


                                                                .....RESPONDENTS


                           ( MS. MEHUL SHUKLA, LEARNED PL FOR THE


Signature Not Verified
Signed by: HARIKUMAR
NAIR
Signing time: 12/29/2023
4:51:36 PM
                                                                    2


                           RESPONDENT/STATE)

                           -----------------------------------------------------------------------------------
                                  This appeal coming on for orders this day, the court passed

                           the following:

                                                        JUDGMENT

Appellant has filed this appeal under section 374 of the Code of Criminal Procedure against the judgment dated 09.10.2021 passed by Special Judge (SC/ST Act), district Dhar in Sessions Trial No.29/2019, whereby trial Court has convicted appellant under section 323 of the IPC and sentenced to undergo RI for 06 months with fine of Rs.1,000/-; in default of payment of fine, further RI for one month.

2. Learned counsel for the appellant, at the outset, submits that he is not challenging impugned judgment on merits and is confining his argument to sentence only.

3. I have heard learned counsel for the parties and perused record of the case.

4. So far as conviction is concerned, I have gone through the evidence adduced by the prosecution and examined it minutely. From perusal of overall evidence on record, it is clearly established that learned trial Court did not commit any error i n convicting the appellant under section 323 of the IPC. Hence, findings recorded by the trial Court with respect to conviction are affirmed.

5. So far as sentence is concerned, perusal of FIR Ex.P/2 reveals that incident has taken place all of a sudden on account of some dispute with respect to "Agenti". Co-accused as well as appellant are acquitted by the trial Court with respect to offence under sections 292, 506 (Part-II) and 3(2)(va) of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act. Appellant has been convicted under section 323 of the IPC and sentenced to RI for 06 months with fine of Rs.1,000/- with further default stipulation. Appellant is approximately aged 60 years.

6. Hence, in view of above facts and circumstances of the case, appeal filed by the appellant is partly allowed and while setting aside sentence of imprisonment, appellant is sentenced with fine of Rs.1,000/-; in default of payment of fine, he shall further undergo RI for one month.

7. In the result, appeal is partly allowed to the extent indicated hereinabove.

(ACHAL KUMAR PALIWAL) JUDGE

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