Arvind Shivhare vs State Of Mp
2023 Latest Caselaw 2677 MP

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                           THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
                                                                       BEFORE
                                         HON'BLE SHRI JUSTICE VIRENDER SINGH
                                                 ON THE 14th OF FEBRUARY, 2023
                                              CRIMINAL APPEAL No. 7878 of 2021

                          BETWEEN:-
                          1.   ARVIND SHIVHARE S/O LATE SHRI BRIJGOPAL
                          SHIVHARE, AGED ABOUT 40 YEARS, OCCUPATION
                          LABOUR

                          2.  RAJENDRA @ RAJAN RAJPOT S/O SHRI MAIYADEEN
                          RAJPOOT, AGED ABOUT 28 YEARS, OCCUPATION LABOUR

                          BOTH R/O VILLAGE - MANPURA,                                     P.S.    NOWGAON,
                          DISTRICT - CHHAPARPUR (M.P.)

                                                                                                          .....APPELLANTS
                          (BY SHRI R.S. PATEL - ADVOCATE)

                          AND

                          STATE OF MADHYA PRADESH THROUGH POLICE
                          STATION NOWGAON, CHHATARPUR (MADHYA PRADESH)

                                                                                                          .....RESPONDENT
                          (BY SHRI PURSHOTTAM SONI - PANEL LAWYER)

                            This appeal coming on for orders this day, the court passed the
                                                                      following:
                          .............................................................................................................
                                                                 JUDGMENT

This appeal has been preferred by the appellants being aggrieved by judgment and order dated 14.12.2021 passed by the First Additional

Signature Not Verified Signed by: VIVEK KUMAR TRIPATHI Signing time: 2/17/2023 10:26:21 AM

Sessions Judge Nowgaon district Chhatarpur in S.T.No.100022/2011; whereby, the appellants have been convicted under Section 329 of IPC and sentenced to undergo RI for four years & fine of Rs.1,000/- each and in default of payment of fine to undergo RI for one month.

2. The prosecution case in brief is that the complainant Suresh Yadav lodged a written complaint to the police alleging therein that on 22.10.2010 while he was going to his village by his Tractor, the present appellants along with other co-accused Mukesh Rajpoot stopped the tractor and demanded a sum of Rs.1000/- for buying liquor. They also thrashed them. In the said incident the driver lost balance and trolley turned turtle resulting in injuries to the three persons who were sitting in the trolly. The police registered FIR No.307/10 under Section 341, 294, 323, 506 B, 327, 34 of IPC and started investigation.

3. The police completed all other formal investigation and filed charge-sheet against the accused/appellants. The appellants abjured their guilty, therefore, both the appellants were proceeded with the trial.

4. Both the appellants were charged, tried, convicted and sentenced as stated in para-1 above.

5. The appellants have preferred this appeal on several grounds but during arguments, the learned counsel representing them submitted that he does not want to press the appeal on merits. He limited his

Signature Not Verified Signed by: VIVEK KUMAR TRIPATHI Signing time: 2/17/2023 10:26:21 AM

arguments only on the quantum of sentence and does not challenge the impugned conviction.

6. He submitted that the appellants are poor labours. They belong to a small and marginal farmer family. They have no criminal antecedents. Perhaps they have committed this crime, which is first, by falling into bad company but now they have learnt a lesson. They have responsibility of their old ailing parents and family. Long incarceration will spoil their future and there are all possibilities of their turning into hard core criminals. They have already suffered sufficient incarceration which is about one year and two months. The offence has been committed in the year 2010 and since then they are facing prosecution. Though the appellants have good case on merits but since they have suffered a lot and are ready to change their attitude and wanted to become a law abiding citizen and to discharge their responsibilities, they want to come out of jail leaving behind their past with an object to lead a simple honest life. It is, therefore, prayed that their jail sentence be reduced to the period already undergone by them.

7. Learned counsel appearing for the State has opposed the prayer and supported the impugned judgment.

8. I have heard the learned counsel for the parties and perused the record.

Signature Not Verified Signed by: VIVEK KUMAR TRIPATHI Signing time: 2/17/2023 10:26:21 AM

9. Having regard to the nature and gravity of the offence, the period of sentence served out by the appellants, the submissions made by the ld. counsel for the appellants as also other facts & circumstances of the case, I am satisfied that the ends of justice would be served if the substantive sentence of imprisonment awarded to the appellants is reduced to the period already undergone by them.

10. The conviction of both the appellants under Section 329 IPC is hereby maintained but with enhancement of the fine to the tune of Rs.13,000/- each. Out of the fine amount Rs. 20,000/- be paid to Victim Gulab Singh, and Rs.2,500/- to victim Hargovind and Rs.2500/- to victim Suresh Yadav. Amount of fine already deposited shall be adjusted against the fine imposed by this Court.

11. Appellants are in jail. Subject to payment of fine (distribution of which as narrated in paragraph 10), they be released forthwith, in case they are not required to be detained in any other case.

12. With the aforesaid, the appeal is partly allowed and disposed of.

(VIRENDER SINGH) JUDGE vivek

Signature Not Verified Signed by: VIVEK KUMAR TRIPATHI Signing time: 2/17/2023 10:26:21 AM