Afsar Ali vs The State Of M.P.
2023 Latest Caselaw 2579 MP

                                                                 1
                           IN     THE       HIGH COURT OF MADHYA PRADESH
                                                  AT GWALIOR
                                                    BEFORE
                                 HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                              ON THE 15 th OF FEBRUARY, 2023
                                             CRIMINAL APPEAL No. 772 of 2004

                          BETWEEN:-
                          AFSAR ALI S/O SARWAR ALI, AGED ABOUT 20 YEARS,
                          RESIDENT OF MOHHAMAD GARH, P.S. GYARASPUR,
                          DISTRICT VIDISHA (MADHYA PRADESH)

                                                                                        .....APPELLANT
                          (SHRI ATUL GUPTA- LEARNED COUNSEL FOR THE APPELLANT)

                          AND
                          THE STATE OF M.P. INCHARGE POLICE STATION P.S.
                          GYARASPUR, DISTRICT VIDISHA (MADHYA PRADESH)

                                                                                       .....RESPONDENT
                          ( SHRI C.P.SINGH - LEARNED PANEL LAWYER FOR THE RESPONDENT-
                          STATE)

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

Instant Criminal Appeal under Section 374 of CrPC has been preferred

by appellant challenging the judgment of conviction and order of sentence dated 23rd November, 2004 passed by Sessions Judge, Vidisha in Sessions Trial No.62 of 2004, by which the appellant has been convicted under Section 307 of IPC and sentenced to undergo five years rigorous imprisonment with fine of Rs.1,000/- with default stipulation.

It is submitted by Shri Gupta that during pendency of this appeal, a compromise took place between injured- complainant Vindarban Sen and

Signature Not Verified present appellant- accused Afsar Ali and now they are on friendly terms and Signed by: MAHENDRA BARIK Signing time: 2/15/2023 6:25:09 PM

they inhabit the same society. Both of them were present before the Principal Registrar of this Court for verification of factum of compromise. As per the report of the Principal Registrar of this Court, dated 03-10-2016, both the parties have arrived at a compromise voluntarily, without any threat, inducement and coercion.

Shri Gupta, learned counsel for the appellant further submits that he does not challenge the finding of conviction recorded by learned trial Court but since the occurrence has taken place as back as in the year 2003, during trial the appellant was in custody for about 54 days i.e. from 02-01-2004 to 26-02-2004, this Court has already suspended the remaining execution of jail sentence of

appellant vide order dated 16-06-2005, the appellant has served in custody a period of near about nine months out of total jail sentence awarded by trial Court, fine amount has already been deposited by appellant, therefore, it is prayed that substantive sentence awarded to the appellant for aforesaid offence may be reduced to the period already undergone by him. In support of his contention, he has relied on the judgment dated 20-09-2011 passed by a coordinate Bench of this Court in Criminal Appeal No. 315 of 1998[ Keshav and Others vs. State of MP], judgment dated 01-12-2017 passed by Division bench of this Court in Criminal Appeal No. 686 of 2007 [Ramkrishna alias Sanju Sharma and Others vs. State of MP] and the judgments of Hon'ble Supreme Court passed in the case of Murali vs. State represented by Inspector of Police, reported in (2021) 1 SCC 726, wherein the Hon'ble Apex Court in para 12 of its judgment has observed that there is no question of settlement being as a result of any coercion or inducement and considering that the parties are on friendly terms now and they inhabit the same society, this is a Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 2/15/2023 6:25:09 PM

fit case for reduction of sentence. Further, in the case of Ishwar Singh vs. State of MP, reported in AIR 2009 SC 675 , the Hon'ble Apex Court has observed that Section 307 of IPC is a non-compoundable offence, the parties have arrived at a compromise and offence cannot be compounded, however, compromise during pendency of the appeal can be considered while awarding sentence considering the fact that the accused was young and first offender, incident was over 15 years old and accused had suffered part of sentence, in these circumstances, the sentence reduced to the period already undergone. Similar view has been held by Hon'ble Supreme Court in the case of Ram Pujan and Others vs. State of Uttar Pradesh, reported in AIR 1973 SC 2418.

On the other hand, learned counsel for the State has opposed the submissions made by learned counsel for the appellant and submitted that there is neither any occasion to interfere with the sentence awarded to accused- appellant nor any compassion or sympathy is called for in the said case.

Considering the aforesaid facts as well as the law laid down by the Hon'ble Apex Court as well as this Court in the above cited judgments, in my opinion, the ends of justice would be met if the jail sentence awarded to the appellant- accused is reduced to the period already undergone. Accordingly, the appeal deserves to be partly allowed. While maintaining the appellant's

conviction for offence under Section 307 of IPC, the sentence awarded to him hereby reduced to the period already undergone by him. The fine amount imposed by the trial Court for offence under Section 307 of IPC is not disturbed. The fine amount amount deposited by the appellant be paid to the injured complainant by way of compensation. The appellant is set free and his bail bond and surety bonds, if any, are discharged. Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 2/15/2023 6:25:09 PM

(DEEPAK KUMAR AGARWAL) JUDGE MKB

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 2/15/2023 6:25:09 PM