Arvind Dubey vs The State Of Madhya Pradesh
2023 Latest Caselaw 735 MP

                                                             1
                           IN     THE       HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                   BEFORE
                                HON'BLE SHRI JUSTICE RAJENDRA KUMAR (VERMA)
                                               ON THE 12 th OF JANUARY, 2023
                                            CRIMINAL APPEAL No. 11178 of 2022

                          BETWEEN:-
                          ARVIND DUBEY S/O MOTILAL DUBEY, AGED ABOUT 36
                          YEARS, OCCUPATION: LABOUR R/O KOLAHA POLICE
                          STATION GARH, DISTRICT REWA (MADHYA PRADESH)

                                                                                           .....APPELLANT
                          (BY SHRI SANJAY KUSHWAHA - ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH THROUGH POLICE
                          STATION RAMPUR NAIKIN DISTRICT SIDHI (MADHYA
                          PRADESH)

                                                                                         .....RESPONDENT
                          (BY SHRI VIJAY KUMAR PANDEY - PANEL LAWYER)

                                Th is appeal coming on for hearing this day, t h e court passed the
                          following:
                                                            JUDGMENT

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

Procedure, 1973 is preferred against the judgment dated 21/11/2022 passed by Second Additional Sessions Judge, Sidhi Link Court Rampur Naikin, District Sidhi in Sessions Trial No. 25/2018, whereby the appellant has been convicted for offence punishable under Section 307 of the IPC and sentenced to undergo R.I. for 5 years and to pay fine of Rs.5000/- with usual default stipulation.

02. Prosecution story in short is that on 28/04/2018, informant viz. Janhavi Tiwari lodge a report with Police Station Rampur Naikin, District alleging that

Signature Not Verified when she was sitting in the courtyard, at that time with intend to commit her Signed by: SANTOSH KUMAR TIWARI Signing time: 1/13/2023 5:37:26 PM

murder, appellant assaulted her with 'Bakka', due to which she sustained grievous injury. On the basis of said report, FIR bearing Crime No. 212/2018 (Ex. P/1) for commission of offence punishable under Section 307 of the IPC has been registered against the appellant at Police Station Rampur Naikin, District Sidhi. After investigation, Challan has been filed before Judicial Magistrate First Class, who committed the matter to IInd Additional Sessions Judge, Sidhi, who framed charge punishable under Section 307 of IPC against the appellant.

03. Appellant abjured his guilt and pleaded to be tried and took a plea that he is innocent and has been falsely implicated in the alleged offence.

04. Trial Court after considering the submissions advance by the learned counsel for the parties and scrutinizing the entire evidence on record, convicted and sentenced the appellant as mentioned herein above.

05. Learned counsel for the appellant has submitted that the appellant has completed more than four years in custody. Therefore, counsel has confined his submission only to one ground. He also expressly gave up his challenge to the findings of the Court below so far as the conviction of the appellant is concerned under Section 307 of IPC, 1860, however, he challenged the quantum of punishment awarded to the appellant for the said offence.

06. Learned counsel has assured that the appellant will not involve in such criminal activities in future. It is also submitted that having regard to all circumstances which resulted in appellant's conviction and further keeping in view the fact that the appellant is facing trial for more than four years and has already undergone more than 4 years imprisonment till date, the term of imprisonment be reduced to the period already undergone by the appellant and Signature Not Verified Signed by: SANTOSH KUMAR TIWARI Signing time: 1/13/2023 5:37:26 PM

the fine amount be suitably enhanced.

07. Per contra, learned Public Prosecutor has submitted that the sentence awarded by the trial Court to the appellant does not deserve any leniency from this Court as the appellant has failed to make out any case for modification of the sentence awarded to him.

08. Having heard learned counsel for the parties and on perusal of entire record of the case, I am inclined to allow this appeal in part upon finding some force in the submissions made by the learned counsel for the appellant.

09. Though the appellant has not made any attempt to assail the finding of his conviction on merits, yet with a view to satisfy myself as to whether the findings of the Court below of conviction is legally sustainable or not. I perused the record and especially therein having so perused, I am satisfied that no case is made out to interfere in the findings of the Court below. Therefore, I uphold the findings of conviction under Section 307 of IPC, 1860 recorded by the trial Court.

10. Now the question arises as to whether the appellant's sentence should be reduced and if so, to what extent as urged by the learned counsel for the appellant.

11. In the present case, considering the weapon used by the appellant coupled

with the fact that the appellant is the only earning member of his respective family and he is in jail for a period of more than years and he has assured that in future he will not involve in any criminal activities, this Court is of the considered opinion that the ends of justice would meet if the sentence of the appellant is reduced from 5 years R.I to the period already undergone by the appellant for the offence punishable under Section 307 of IPC, and Signature Not Verified Signed by: SANTOSH KUMAR TIWARI Signing time: 1/13/2023 5:37:26 PM

accordingly, the sentence awarded to him is reduced to the period already undergone by the appellant and fine amount be enhanced from Rs.5,000/- to Rs.10,000/-.

12. Resultantly, the appeal succeeds and is allowed in part. The conviction recorded by the trial Court is hereby affirmed and the sentence recorded by the trial Court is hereby reduced to the period already undergone by him. Fine amount be enhanced from Rs.5000/- to Rs. 10,000/-, which is payable to the injured. The appellant is in jail. He is directed to be released from jail forthwith, if not required to be detained in any other offence subject to depositing fine amount of Rs.10,000/- before the trial Court, failing which appellant is directed to further suffer RI for 6 months.

A copy of the judgment along with record be sent to the trial Court for information and its compliance.

Certified copy as per Rules.

(RAJENDRA KUMAR (VERMA)) JUDGE skt

Signature Not Verified Signed by: SANTOSH KUMAR TIWARI Signing time: 1/13/2023 5:37:26 PM