Vinod Kumar Gupta vs The State Of Madhya Pradesh
2023 Latest Caselaw 3402 MP

                                                                         1
                                        IN     THE      HIGH COURT OF MADHYA PRADESH
                                                             AT JABALPUR
                                                                BEFORE
                                             HON'BLE SHRI JUSTICE RAJENDRA KUMAR (VERMA)
                                                          ON THE 27 th OF FEBRUARY, 2023
                                                         CRIMINAL APPEAL No. 1613 of 2006

                                       BETWEEN:-
                                       VINOD KUMAR GUPTA, S/O MOHANLAL GUPTA, AGED
                                       ABOUT 30 YEARS, R/O BEHIND CHIRAHULA TEMPLE,
                                       P.S. CIVIL LINES, DISITRICT- REWA (MADHYA
                                       PRADESH)

                                                                                                   .....APPELLANT
                                       (BY SHRI P.K. SINGH SENGAR - ADVOCATE )

                                       AND
                                       THE STATE OF MADHYA PRADESH, THROUGH P.S.
                                       ANUSUCHIT JATI KALYAN, REWA DISTRICT- REWA
                                       (MADHYA PRADESH)

                                                                                                 .....RESPONDENT
                                       (BY SHRI PRAMOD KUMAR CHOUBEY - DEPUTY GOVERNMENT
                                       ADVOCATE FOR THE RESPONDENT/STATE )

                                             This appeal coming on for final hearing this day, the court passed the
                                       following:
                                                                       JUDGMENT

This criminal appeal is preferred under section 374 (2) of Cr.P.C. by the appellant being aggrieved by the judgment dated 05.08.2006 passed by the Special Judge, SC/ST Atrocities, Rewa in Special Case No.37/2005, whereby the appellant was convicted for the offence punishable under Section 323 of the IPC and sentenced to undergo R.I. for one month and Signature Not Verified SAN fine of Rs. 1,000/- with default stipulation. Digitally signed by VAISHALI AGRAWAL Date: 2023.03.03 18:50:17 IST 2. The case of the prosecution is that, on 23.03.2003 at about 7:00 O'clock

complainant Munni Koal and her elder sister after labourer (Majdoori) came back to her home, at that time, her younger sister cooking food and when she was sitting with her sister in Aangan than at that time, about 8:00 O'clock Vinod Kumar came there and said complainant younger sister to get Mango leafs, she denied for the same thereafter, Vinod Kumar slapped to complainant's younger sister then Munni and her sister namely Kalawati came inside house then Vinod Gupta also slapped to Munni and take out his katta then Jija Chhedilal came there and stopped Vinod for doing the same then suddenly Katta slipped from Vinod hand's.

3.The prosecution has examined total 6 witnesses namely; Rammilan (PW-5),

Kalawati (PW-6), Dr.Atul Singh (PW-18), Chhotelal (PW-10), Rammilan (PW-

11). The defence have also examined (DW-1) and (DW-2) namely Meeru and Lale Kol.

4. After due appreciation evidence acquitted from charges and conviction and sentence as mentioned in paragragh No.1 of the judgement.

5. Learned counsel appearing on behalf of appellant submits that he is not

challenging the finding of conviction recorded by the trial court and his only prayer is that the appellant has already suffered the jail sentence from 19.02.2005 to 27.02.2005 i.e. 8 days. It is pertinent to note that this appeal is of the year 2006 and after about 17 years, it would be appropriate to reduce the sentence as already undergone, looking to the fact and circumstances of the case. Thus, the ends of justice would be met if the jail sentence of the appellant is reduced to the period already undergone by him Signature Not Verified SAN

with fine.

Digitally signed by VAISHALI AGRAWAL Date: 2023.03.03 18:50:17 IST

6. Learned Deputy Government Advocate for the State has justified and

supported the conviction and sentence passed by trial Court.

7. I have heard the learned counsel for the parties and gone through the

material available on record along with the impugned judgment. On perusal of record, it seems that the appellant has been facing criminal proceedings since last 17 years. Considering the nature of offence and other circumstances as well as in the interest of justice, it would be appropriate to reduce the period of jail sentence awarded to the appellant to the period already undergone by him, subject to enhancement of fine amount.

8. Consequently, the appeal is partly allowed and conviction of the

appellant for the offence punishable under Section 323 of IPC is affirmed. As far as sentence is concerned, same is reduced to the period already undergone by the appellant. The fine amount be as- it is i.e.Rs.1,000/-. Hence, the appellant shall be released forthwith if he is in custody and not required in any other case.

11. Let a copy of this judgment be sent to the learned Court below

alongwith the record for information and necessary action.

12. Appeal is finally disposed off.

Certified copy as per rules.

(RAJENDRA KUMAR (VERMA)) JUDGE vai

Signature Not Verified SAN

Digitally signed by VAISHALI AGRAWAL Date: 2023.03.03 18:50:17 IST