Jaswant Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 3403 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. 1542 of 2006

                                     BETWEEN:-
                                     1.     JASWANT SINGH S/O BHAV SINGH, AGED ABOUT
                                            52  YEARS, VILL. UNDAIL P.S.JAWAR DISTT.
                                            KHANDWA (MADHYA PRADESH)

                                     2.     BHEEM SINGH @ BHIMU S/O BHAVSINGH, AGED
                                            ABOUT 32 YEARS, VILL. UNDAIL P.S.JAWAR
                                            DISTT.KHANDWA (MADHYA PRADESH)

                                     3.     LAL SINGH S/O MHARU, AGED ABOUT 25 YEARS,
                                            VILL. UNDAIL P.S. JAWAR DISTT. KHANDWA
                                            (MADHYA PRADESH)

                                                                                                           .....APPELLANT
                                     (BY SHRI SUNIL SAKLE - ADVOCATE ON BEHALF OF SHRI L.N. SAKLE -
                                     ADVOCATE)

                                     AND
                                     THE STATE OF MADHYA PRADESH THROUGH P.S.
                                     JAWAR DISTRICT KHANDWA (MADHYA PRADESH)

                                                                                                     .....RESPONDENTS
                                     (BY SHRI P.K. CHOUBEY GOVERNMENT ADVOCATE )

                                            T h is appeal coming on for order this day, t h e cou rt 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

Signature Not Verified SAN Procedure by the appellant being aggrieved by the conviction and sentence

Digitally signed by AMITABH RANJAN arising out of judgment and finding of the Court of the learned Special Judge Date: 2023.03.03 11:12:43 IST

(SC & ST Act), Khandwa dated 28.07.2006 passed in Special Criminal Case No. 55/2002 whereby the appellants were convicted under Section 323 and sentenced to undergo R.I. for three months.

2. As per prosecution case, on 08.09.2002, at about 06:00 pm there was a quarrel in front of the house of Pratap Singh (PW-9). Appellant No.1 Jaswant in front of Jamnalal (PW-5) abused Ashok (PW-11) and said that he is commanding. On tried to stop him, the dispute increased, then co-accused Ganesh, Pappu, Bhimu and Lal Singh came there. Lalsingh caught hold of Jamnalal, Jaswant assaulted him with shoe on the head, and chest, Ganesh, Pappu and Bhimu assaulted by kicks and fists. On the shouting of Jamnalal,

Sheru, his son Gangacharan came there and they tried to pacify the matter. The report of the incident was lodged on 08.09.2002 at about 10:45 p.m. Injured were medically examined. Site map was prepared. Statement of witnesses were recorded and after completion of investigation challan was submitted before the Competent Court of law.

3. Accused persons were charge-sheeted, they abjured their guilt and claimed for trial.

4. In order to prove its case, the prosecution has examined Rajesh Kumar Rathore (PW-1), Phooldar Jadhav (PW-2), Hanif Khan (PW-3), Anokhi (PW-

4), Jamnalal (PW-5), Bhagwan Singh (PW-6), Narmada (PW-7), Sher Singh (PW-8) Pratap Singh (PW-9), Rajjakhan (PW-10), Ashok (PW-11), Sugan (PW-12), Jagdish (PW-13), L.N. Katariya (PW-14), Antar Singh (PW-15). Though the appellants pleaded for their innocence but have not produced any witness in their defence.

Signature Not Verified SAN

5. T he learned trial Court below after considering and appreciation of Digitally signed by AMITABH RANJAN Date: 2023.03.03 11:12:43 IST

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.

6. Learned counsel for the appellant submits that the incident had taken place on 08.09.2002 and no purpose would be served by sending the appellants jail after a lapse of about 21 years. The appellants have already undergone the jail sentence for a period of 06 days. It is further submitted that the fine amount may be increased in lieu of conviction.

7. Learned Government Advocate for the State has no objection to the same.

8. 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 appellants and the fine amount is enhanced from Nill to Rs.1000/- to each of the appellants.

9. The appellants are directed to deposit the 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.

10. 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.

Signature Not Verified SAN

(RAJENDRA KUMAR (VERMA)) Digitally signed by AMITABH RANJAN Date: 2023.03.03 11:12:43 IST JUDGE Amitabh

Signature Not Verified SAN

Digitally signed by AMITABH RANJAN Date: 2023.03.03 11:12:43 IST