Mangliya vs The State Of Madhya Pradesh
2023 Latest Caselaw 22829 MP

Madhya Pradesh High Court

Mangliya 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 INDORE
                                                       BEFORE
                                      HON'BLE SHRI JUSTICE ACHAL KUMAR PALIWAL
                                               ON THE 29 th OF DECEMBER, 2023
                                              CRIMINAL APPEAL No. 1241 of 2021

                           BETWEEN:-
                           MANGLIYA S/O BACCHU DAMOR, AGED ABOUT 35
                           YEARS, OCCUPATION: AGRICULTURIST R/O VILLAGE
                           LAALJI MAANDLI, P.S. RANAPUR DISTRICT JHABUA
                           (MADHYA PRADESH)

                                                                                           .....APPELLANT
                           (SHRI ABHAY SARASWAT, LEARNED COUNSEL FOR THE APPELLANT)

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH P.S.
                           RANAPUR, DISTRICT JHABUA (MADHYA PRADESH)

                                                                                         .....RESPONDENT
                           (MS. HARSHLATA SONI, PANEL LAWYER FOR THE RESPONDENT/STATE)

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

This criminal appeal under Section 374 of Cr.P.C. has been filed by the

appellant being aggrieved by the judgment dated 13.02.2021, passed by learned Sessions Judge, Jhabua in S.T.No.100/2017, whereby the appellant has been convicted for offence under Section 324 of IPC and sentenced to undergo 1 Year R.I. with fine of Rs.1,000/- with default stipulation.

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

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

record of the case.

4. So far as conviction is concerned, I have gone through the evidence adduced by the prosecution and perusal of the same reveal that learned trial court has rightly convicted the appellant under Section 324 of IPC. Hence, the findings recorded by the trial Court with respect to conviction are affirmed.

5. So far as sentence is concerned, perusal of the evidence on record, specially medical evidence, reveals that there is one stab wound on lateral part of left leg. The incident relates to the year 2017. There are no criminal antecedents against the appellant. Hence, in view of above and facts and circumstances of the case, interest of justice would be served if sentence of the

appellant is set aside by enhancing the fine amount.

6. In view of above, the appeal filed by the appellant is partly allowed and sentence of imprisonment of appellant for offence under Section 324 of IPC is set aside and fine amount is enhanced from Rs.1,000/- to Rs.5,000/- and in default of payment of fine, three month S.I.

7. Appellant is directed to deposit the above fine amount within a period of three months from today failing which appellant shall surrender before the trial Court to undergo the remaining sentence of imprisonment imposed by the trial Court. Fine amount, if any, already deposited, be adjusted in fine amount enhanced above. After realization of above fine amount, Rs.4,000/- be paid to the complainant Mukesh as compensation.

8. With the aforesaid present appeal stands partly allowed to the extent indicated above.

(ACHAL KUMAR PALIWAL)

JUDGE RJ