Umesh Kumar vs The State Of M.P.
2023 Latest Caselaw 681 MP

                                                          1
                           IN     THE     HIGH COURT OF MADHYA PRADESH
                                               AT JABALPUR
                                                   BEFORE
                                HON'BLE SHRI JUSTICE RAJENDRA KUMAR (VERMA)
                                             ON THE 11 th OF JANUARY, 2023
                                           CRIMINAL APPEAL No. 1294 of 1998

                          BETWEEN:-
                          UMESH KUMAR, KUTTULAL, AGED ABOUT 28 YEARS,
                          BY OCCUPATION -TAILORING R/O PATNA KALA P.S.
                          SIMARIYA, TAH. PAWAI DISTRICT PANNA (MADHYA
                          PRADESH)

                                                                                     .....APPELLANT
                          (BY SHRI J.P. SINGROUL - ADVOCATE )

                          AND
                          THE STATE OF M.P. THROUGH S.H.O. P.S. SIMARIYA,
                          DISTRICT PANNA (MADHYA PRADESH)

                                                                                    .....RESPONDENT
                          (BY SHRI C.M. TIWARI - GOVERNMENT ADVOCATE)

                                Th is appeal coming on for hearing this day, t h e 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 28.05.1998 passed by Session Judge Panna in S.T. No. 32/96 whereby the appellant is convicted for the offence punishable under Sections 148 & 323 of IPC and sentenced to undergo R.I. for 3 years, 1 year and fine of Rs. 500/- with default stipulation.

2. As prosecution case, the appellant along with other co-accused armed with weapons with common intention have assaulted the complainant and Signature Not Verified Signed by: ARVIND KUMAR MISHRA Signing time: 1/13/2023 6:38:35 PM

caused grievous injuries.

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. 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 94 days. It is pertinent to note that this appeal is of the year 1998 and after about 24 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.

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

6. 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.

7. Consequently, the appeal is partly allowed. The conviction of the appellant recorded by the trial Court under 148 & 323 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 as compensation.

8. The appellant is directed to deposit the enhanced fine amount within a

Signature Not Verified Signed by: ARVIND KUMAR MISHRA Signing time: 1/13/2023 6:38:35 PM

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.

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

10. Appeal is finally disposed off.

(RAJENDRA KUMAR (VERMA)) JUDGE MISHRA

Signature Not Verified Signed by: ARVIND KUMAR MISHRA Signing time: 1/13/2023 6:38:35 PM