Raju Alias Saleem And Ors. vs The State Of M.P.
2023 Latest Caselaw 3313 MP

                                                               1
                           IN      THE       HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                    BEFORE
                                 HON'BLE SHRI JUSTICE RAJENDRA KUMAR (VERMA)
                                               ON THE 23 rd OF FEBRUARY, 2023
                                              CRIMINAL APPEAL No. 178 of 2002

                          BETWEEN:-
                          1.     RAJU ALIAS SALEEM AND ORS., AGED ABOUT 22
                                 YEARS, (MADHYA PRADESH)

                          2.     FIJJOO @ SIJJO W/O AZAD KHAN, AGED ABOUT 50
                                 YE A R S , KHERAT BAI-KA-BADA, LAKADGANJ
                                 TORIYA (MADHYA PRADESH)
                                 (SINCE DECEASED)

                          3.     JHALLO BAI D/O LAGE KEDARNATH GUPTA,
                                 AGED ABOUT 35 YEARS, KHERAT BAI-KA-BADA,
                                 LAKADGANJ TORIYA (MADHYA PRADESH)

                          4.     SEEMA @ SULTANA W/O AMIT MISHRA, AGED
                                 ABOUT   30  YEARS, KHERAT BAI-KA-BADA,
                                 LAKADGANJ TORIYA (MADHYA PRADESH)

                                                                                                .....APPELLANT
                          (BY SHRI ABHISHEK RISHI - ADVOCATE)

                          AND
                          THE STATE OF M.P. (MADHYA PRADESH)

                                                                                          .....RESPONDENTS
                          (BY SHRI AMIT BHURRAK - PANEL LAWYER)

                                 This appeal coming on for admission this day, th e court passed the
                          following:
                                                                ORDER

With the consent of the parties, the appeal is heard finally. This appeal has been filed under Section 374(2) of the Code of Criminal Procedure by the appellants being aggrieved by the conviction and sentence

Signature Not Verified Signed by: DEVESH K SHRIVASTAVA Signing time: 2/27/2023 5:25:13 PM

arising out of judgment and finding of the Court of the learned VII- Additional Sessions Judge, Jabalpur dated 22.01.2002 passed in Sessions Trail No.70/2001 whereby the appellants were convicted under Section 323 and sentenced to undergo SI for 1 year and fine of Rs.500/- with default stipulation of two months SI.

2. As per prosecution case, on 30.11.2000, at about 11 am the appellants said to have assaulted the deceased Ranno, Gulshan Bano by abusing filthy language, The deceasing feeling defamed went inside the room and committed suicide. The deceased was immediately taken to Belbag Police Station from where she went to Victoria Hospital but during treatment she died on

07.12.2000. The report of the incident was lodged on 30.11.2000 at 9.45 in the night and offence under Section 341/323/294/34 of IPC was registered but later on Section 306 of IPC was added in the challan.

3. The prosecution has examined as many as 12 witnesses to prove the charge i.e. Lalla PW/1, Sameen PW/2, Gulshan Bano PW/3, Kaushar Bano PW/4, Balkishan PW/5, ASI Prafull Rai PW/6, Girish Bajpai PW/7, Haidar Khan PW/8, Dr. Maya Verma PW/9, Mahesh PW/10, Dr. M. Shrivastava PW/11, M.K. Shrivastava (Tehsildar). The defence has also examined two witnesses namely Ravishankar Pandey Head Constable DW/1 and Naseem Bano DW/2.

4. T h e learned trial Court below after considering and appreciation of evidence brought on record came to the conclusion that the appellants are guilty for the alleged offences and accordingly convicted and sentenced them as above, and acquitted from other Sections of the IPC.

5. Learned counsel for the appellants submits that the incident had taken place on 30.11.2000 and no purpose would be served by sending the appellant Signature Not Verified Signed by: DEVESH K SHRIVASTAVA Signing time: 2/27/2023 5:25:13 PM

jail after a lapse of about 23 years. The appellant no.1 has already undergone the entire sentence awarded to him and appellant No.2 had already died. The remaining appellants no. 3 and 4 are women. It is further submitted that the fine amount may be increased in lieu of conviction. It is further submitted that remaining appellants have already undergone jail sentence for the substantial period of time.

6. Learned counsel for the State has no objection to the same.

7. Considering the aforesaid submissions, while maintaining the conviction under Section 323 of IPC of the appellant, the jail sentence is reduced to the period already undergone by the appellant and the fine amount is enhanced from Rs.500/- to Rs.1000/- each for appellants No.3 and 4.

8. T he appellant is directed to deposit the enhanced fine amount within a period of 60 days from today, failing which, they have to undergo the sentence awarded by the trial court. The appellants are on bail, their bail bond shall remain discharged subject to deposit of enhanced fine amount within stipulated period.

Let record of the trial Court be sent back along with a copy of this order for information and necessary action.

Pending I.A., if any, stands closed.

Certified copy, as per rules.

With the aforesaid modification in the sentence, the appeal is disposed off.

(RAJENDRA KUMAR (VERMA)) JUDGE DevS

Signature Not Verified Signed by: DEVESH K SHRIVASTAVA Signing time: 2/27/2023 5:25:13 PM