Kailash vs The State Of M.P.
2023 Latest Caselaw 450 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. 19 of 2003

                          BETWEEN:-
                          KAILASH, S/O CHAMPALAL AGED ABOUT 30 YEARS,
                          OCCUPATION LABOUR WORK R/O VILLAGE LOHARI
                          P.S. CITY KOTWRLI KHANDWA DISTRICT- EAST NIMAR
                          KHANDWA (MADHYA PRADESH)

                                                                                           .....APPELLANT
                          (BY SHRI L.N. SAKLE - ADVOCATE )

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

                                                                                         .....RESPONDENT
                          (BY SHRI N.S. SOLANKI -PANEL LAWYER)

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

This criminal appeal under Section 374(2) of the Code of Criminal

Procedure, 1973 is preferred against the judgment dated 11.12.2002 passed by First Additional Sessions Judge, East Nimar Khandwa, District Khandwa in Sessions Trial No.53/2002, whereby the appellant has been convicted for offence punishable under Sections 323/ 34 of the IPC and sentenced to undergo R.I. for 1 year with fine of Rs.5,000/- with default stipulation. 2 . Prosecution story in short is that on 19.11.2001 at about 6:00 p.m. in village Lohari accused Nandu, Chandu and Kailash have beaten Baliram by wooden stick. As the said incident, report has been lodged by Baliram at Signature Not Verified Signed by: ARVIND KUMAR MISHRA Signing time: 1/12/2023 11:58:08 AM

Khandwa Police Station Baliram was sent back for medical examination. During medical examination, it was found that at injury sustain in elbow of Baliram and in the head parental area in the head 1/2x1/4. During his treatment, on 20.11.2001 at evening appellant Nandu went to met Baliram at Hospital and called him out the Hospital and again blow him on the head and let as a result, he again sustain injury he again reported the matter at Thana Moghat road, (PW-

10) on 2011.2001 at about 7:30 p.m., Baliram was examined, thereafter he died due to injuries.

3. 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 42 days i.e. from 28.12.2001 to 06.02.2002. 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 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 with fine.

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

5 . 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.

6. Consequently, the appeal is partly allowed. The conviction of the appellant recorded by the trial Court under 323/34 of IPC is hereby affirmed. However, the jail sentence is reduced to the period already undergone.

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

Appellant is directed to pays by way of compensation Rs.10,000/-to the wife of deceased.

7. The appellant is directed to deposit the compensation amount within a period of 90 days from 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.

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

9. Appeal is finally disposed off.

(RAJENDRA KUMAR (VERMA)) JUDGE MISHRA

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