Kalyan Singh And 2 Ors. vs The State Of Madhya Pradesh
2023 Latest Caselaw 22833 MP

Madhya Pradesh High Court

Kalyan Singh And 2 Ors. 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. 914 of 2012

BETWEEN:-
   KALYAN SINGH, S/O JASWANT SINGH RAJPUT
   AGE 40 YEARS, OCCUPATION:AGRICULTURE
1.
   R/O VILLAGE RALAYTA HAVAT, THANA GHATIYA
   DISTRICT - UJJAIN (MADHYA PRADESH)

   KANCHANSINGH S/O JASWANTSINGH
   AGE 35 YEARS, OCCUPATION:AGRICULTURE
2.
   R/O VILLAGE RALAYATA HEWAT PS-GHATIYA
   DISTRICT-UJJAIN (MADHYA PRADESH)
                                              .....APPELLANTS
(MR. NAVNEET KISHORE VERMA, ADVOCATE FOR APPELLANTS)

AND
THE STATE OF MADHYA PRADESH
THROUGH THE POLICE-STATION-GHATIA
DISTRICT-UJJAIN (MADHYA PRADESH)
                                              .....RESPONDENT

(MS. HARSHLATA SONI, 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) Appellants have preferred this criminal appeal under

Section 374 of Code of Criminal Procedure, 1973, challenging judgment dated 01.08.2012 passed by Special Judge (SC/ST) Act, 1989 in Special Case No.83/2010 convicting and sentencing the appellants, as under:-

                  Conviction                               Sentence
         Section & Act       Imprisonment     Fine Amount      Imprisonment
                                                                in lieu of fine
            294 IPC             .........         Rs.500/-       07 days addl. RI
      Accused Kalyan Singh
          323/34 IPC         06 months RI      Rs.1000/-       15 days addl. RI
      Accused Kalyan Singh
        506 (Part-II) IPC    06 months RI      Rs.1000/-       15 days addl. RI
      Accused Kalyan Singh
            294 IPC             .........         Rs.500/-       07 days addl. RI
        Accused Kanchan
             Singh
          323/34 IPC         06 months RI      Rs.1000/-       15 days addl. RI
        Accused Kanchan
             Singh
        506 (Part-II) IPC    06 months RI      Rs.1000/-       15 days addl. RI
        Accused Kanchan
              Singh



(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 examined it minutely. A perusal of the evidence on record

reveal that findings recorded by the trial Court with respect to conviction of appellants under Section 294, 323/34 and 506(Part-II) of IPC are well founded and no interference is called for in the findings recorded by the trial Court with respect to conviction of appellants, as mentioned above.

Hence, the findings of trial Court with respect to conviction of appellants are affirmed.

(6) So far as sentence is concerned, a perusal of impugned judgment reveals that learned trial Court has sentenced the appellants, as mentioned above. The present appeal relates to incident dated 30.06.2010. There are no criminal antecedents of appellant. Hence, in view of above and taking into consideration the overall facts and circumstances of the case, ends of justice would be served, if sentence of imprisonment is set-aside and appellants are sentenced with enhanced fine amount only.

(7) In view of above, appeal filed by appellants is partly allowed and sentence of imprisonment under Section 323/34 and 506 (Part-II) of IPC is set-aside and fine amount under Section 506 (Part-II) of IPC is enhanced to Rs.3000/- and each appellant is sentenced with fine of Rs.3000-3000/- i.e. total Rs.6000/- under Section 506 (Part-II) of IPC. After realization of fine amount, each injured shall be given Rs.2000/- as compensation.

(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 sentence of imprisonment imposed by trial Court. Fine amount, if any already deposited, shall be adjusted against the enhanced fine amount.

(9) With the aforesaid, the appeal stands partly allowed to the extent as indicated herein above.

(10) Certified copy, as per Rules.

(ACHAL KUMAR PALIWAL) JUDGE Arun/-

ARUN Digitally signed by ARUN NAIR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH INDORE, ou=HIGH COURT OF MADHYA PRADESH BENCH INDORE, 2.5.4.20=d5b56e3de75e7828ced1a96bc4f0180 4c3ea1f0a5497e4019e41c0a82cbabbf0,

NAIR postalCode=452001, st=Madhya Pradesh, serialNumber=192F2423E128DC1CC004DD8FF 22B3F2FFC3D1EF75981FCBEF3B2B76823F270F 7, cn=ARUN NAIR Date: 2023.12.29 16:44:59 +05'30'