Madhya Pradesh High Court
Narendra 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 I N D O R E
BEFORE
HON'BLE SHRI JUSTICE ACHAL KUMAR PALIWAL
ON THE 29th OF DECEMBER, 2023
CRIMINAL APPEAL No. 3088 of 2021
BETWEEN:-
NARENDRA S/O RAMCHANDRA, AGED ABOUT 38 YEARS,
OCCUPATION: LABOUR 14/3, MAILI GALI, BAHADURGANJ,
(MADHYA PRADESH)
.....APPELLANT
(MR. DHARMENDRA KEHARWAR, ADVOCATE FOR APPELLANT)
AND
THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER
THRU. P.S. KHARAKUNWA, DISTRICT-UJJAIN (MADHYA
PRADESH
(MS. MEHUL SHUKLA, ADVOCATE FOR RESPONDENT/STATE)
.....RESPONDENT
CRIMINAL APPEAL No. 3105 of 2021
BETWEEN:-
NARESH S/O RAMESHCHANDRA SHRIVASTAVA, AGED ABOUT
39 YEARS, OCCUPATION: AUTO DRIVER ABDALPURA
BRAHMAN GALI, UJJAIN (MADHYA PRADESH)
.....APPELLANT
(MR. DHARMENDRA KEHARWAR, ADVOCATE FOR APPELLANT)
AND
THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER
THRU. P.S. KHARAKUNWA, UJJAIN (MADHYA PRADESH)
....RESPONDENT
(MS. MEHUL SHUKLA, ADVOCATE FOR RESPONDENT/STATE)
This appeal coming on for orders this day, the court passed
the following:
J UD G M E N T
With the consent of counsel for the parties, matter is finally
heard.
(2) This order shall govern the disposal of Criminal Appeal
No.3088 of 2021 (Narendra vs. The State of Madhya Pradesh)
and Criminal Appeal No.3105 of 2021 (Naresh vs. The State of
Madhya Pradesh) arising out of common judgment dated
24.03.2021 passed in Sessions Trial No.16/2021 passed by Fifth
Additional Sessions Judge, Ujjain, convicting and sentencing the
appellants under Section 379 of IPC with RI of six months.
(3) Learned counsel for the appellants, at the outset, has
submitted that he is not challenging the impugned judgment on
merits but is confining his arguments with respect to sentence
only.
(4) I have heard learned counsel for the appellants and have
perused the record of the case.
(5) So far as the conviction is concerned, I have gone through
the evidence adduced by the prosecution and impugned judgment
passed by learned trial Court. Perusal of the same reveal that
learned trial Court has rightly convicted appellants as above and
findings recorded by the trial Court are well founded. Hence,
findings of trial Court with respect to conviction of appellants are
hereby affirmed.
(6) So far as sentence is concerned, offence proved against the
appellants with respect to theft of pairs of gold tops. There are no
criminal antecedents against the appellants. The appellant - Naresh
has remained in custody from 25.08.2020 to 28.08.2020 and
appellant - Narendra has remained in custody from 25.08.2020 to
02.09.2020. Appellant - Naresh is aged about 43 years whereas
appellant - Narendra is aged about 44 years.
(7) In view of above and considering over all facts and
circumstances of the case, including the nature of offence, appeals
filed by appellants are partly allowed. The appellants are
sentenced under Section 379 of IPC with the period already
undergone and with fine of Rs.3000/- each and in default in
payment of fine, three months RI.
(8) The appellants are directed to deposit the aforesaid amount
within three months from today failing which they shall surrender
before the trial Court to undergo remaining sentence of
imprisonment imposed by trial Court. Fine amount, if any
already deposited, shall be adjusted against the enhanced fine
amount.
(8) With the aforesaid, the appeal stands partly allowed to the
extent as indicated herein above.
(9) Certified copy, as per Rules.
(ACHAL KUMAR PALIWAL)
JUDGE
Arun/-
ARUN
DN: c=IN, o=HIGH COURT OF MADHYA PRADESH
BENCH INDORE, ou=HIGH COURT OF MADHYA
PRADESH BENCH INDORE,
2.5.4.20=d5b56e3de75e7828ced1a96bc4f01804c3ea
1f0a5497e4019e41c0a82cbabbf0,
NAIR
postalCode=452001, st=Madhya Pradesh,
serialNumber=192F2423E128DC1CC004DD8FF22B3F
2FFC3D1EF75981FCBEF3B2B76823F270F7, cn=ARUN
NAIR
Date: 2023.12.29 16:45:54 +05'30'
