Sudama Bhoomiya vs The State Of M.P.
2023 Latest Caselaw 436 MP

                                                          1
                           IN     THE     HIGH COURT OF MADHYA PRADESH
                                               AT JABALPUR
                                                   BEFORE
                                HON'BLE SHRI JUSTICE RAJENDRA KUMAR (VERMA)
                                              ON THE 9 th OF JANUARY, 2023
                                           CRIMINAL APPEAL No. 1324 of 2003

                          BETWEEN:-
                          SUDAMA BHOOMIYA S/O RANMAT BHOOMIYA, AGED
                          27 YEARS R/O BAGAIHA P.S. BARHI, TAH. MUDWARA,
                          DISTRICT KATNI (MADHYA PRADESH)

                                                                                     .....APPELLANT
                          (BY SHRI MAHENDRA SHARMA - ADVOCATE )

                          AND
                          THE STATE OF M.P.

                                                                                    .....RESPONDENT
                          (BY SHRI NISHANT YADAV -PANEL LAWYER)

                                T h is appeal coming on for order this day, t h e cou rt passed the
                          following:
                                                           ORDER

This criminal appeal is preferred under section 374 (2) of Cr.P.C. by the appellant being aggrieved by the judgment dated 11.08.2023 passed by

First Additional Session Judge, Katni, District Katni in S.T. No. 254/2001 whereby the appellant is convicted for the offence punishable under Sections 294, 323 and 325 of IPC and sentenced to undergo R.I. for 1 month, 3 years & 03 years respectively with fine of Rs.300/- and default stipulations.

2. The prosecution case in short is that on 4.3.2001 at about 6:30 at village Bagaiha under P.S. Barhi near Ganga Nala Puliya complainant Signature Not Verified Signed by: ARVIND KUMAR MISHRA Signing time: 1/12/2023 11:58:08 AM

Banshroop had been present and at that spot the accused were abusing on the names of mother and sister which he did not like so he restrained them to abuse, then the accused persons beat him with the sticks. To pacify the matter Manvesh and other persons came there but they were also beaten by sticks. the police charged accused under section 294 323, 324/34 of IPC, and started investigation. As injured Parasdi was become serious he was admitted in the hospital where he succumbed to his injuries and police added Section 302 IPC. After committal of the case the trial court framed issues perused the evidence on record heard the parties and acquitted the co-accused but convicted and sentenced the appellant as mentioned above.

3. During investigation, spot map was prepared, articles were seized and thereafter taking the statements of the witnesses in the matter, charge sheet was filed against the appellant and co-accused persons.

4. The prosecution has examined total 22 witnesses. Sonelal (PW-4) has supported the statement of complainant but he was not sure that who caused the injuries to the deceased- Parsadi. Other witnesses have not stated that who caused the injuries to the deceased and other persons.

5. In defence, the appellant has not examined any witness.

6. 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 of about 15 days i.e. from 15.03.2001 to 30.03.2001. It is pertinent to note that this appeal is of the year 2003 and after about 20 years, it would be appropriate to reduce the sentence, looking to the fact and circumstances of

Signature Not Verified Signed by: ARVIND KUMAR MISHRA Signing time: 1/12/2023 11:58:08 AM

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 with fine.

7. Learned counsel for the State has justified and supported the conviction and sentence passed by trial Court.

8. I have heard the learned counsel for the parties and gone through the material available on record along with the impugned judgment. It would be in the interest of justice, if the jail sentence of the appellant is reduced to the period already undergone by him by enhancing the fine amount.

9. Consequently, the appeal is partly allowed. The conviction of the appellant recorded by the trial Court under 294, 323 and 325 of IPC is hereby affirmed. However, the jail sentence is reduced to the period already undergone with enhanced fine of Rs. 15,000/- and out of this amount Rs. 10,000/-shall be paid to the complainant-injured.

10. The appellant is directed to deposit the enhanced fine amount within a period of 90 days from today, failing which, he has to undergo the sentence awarded by the trial court. The appellant is on bail, his bail bond shall remain discharged subject to deposit of enhanced fine amount within stipulated period.

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

12. Appeal is finally disposed off.

(RAJENDRA KUMAR (VERMA)) Signature Not Verified Signed by: ARVIND KUMAR MISHRA Signing time: 1/12/2023 11:58:08 AM

JUDGE MISHRA

Signature Not Verified Signed by: ARVIND KUMAR MISHRA Signing time: 1/12/2023 11:58:08 AM