Jagdish vs State Of M.P.
2023 Latest Caselaw 916 MP

                                  1
 IN     THE      HIGH COURT OF MADHYA PRADESH
                       AT GWALIOR
                          BEFORE
       HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                    ON THE 16 th OF JANUARY, 2023
                  CRIMINAL APPEAL No. 404 of 2009

BETWEEN:-
JAGDISH S/O S/O RAM PRASAD MEENA , AGED ABOUT
45                    YEARS, OCCUPATION:          R/O
AS HID A, P. S . S HEOPUR , D IS TT. S HEOPUR (MADHYA
PRADESH)

                                                               .....APPELLANT
(BY SHRI VIVEK MISHRA- ADVOCATE).

AND
STATE OF M.P. (MADHYA PRADESH)
THROUGH POLICE STATION AJAK
SHEOUR M.P.

                                                            .....RESPONDENTS
( BY SHRI SUSHANT TIWARI APPEARING ON BEHALF OF ADVOCATE
GENERAL.
)

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

This appeal has been filed by the appellant against the judgment dated 11.06.2009 passed by Special Judge, Sheopur, M.P. in Special Case No.35/2008 whereby appellant has been convicted under Section 325 of IPC for six months and with fine of Rs.500/- and under Section 323 of IPC only fine Rs.1000/.

Brief facts necessary for disposal of this appeal are that as per the FIR complainant and his wife namely Ram Rathi bai were sitting infront of their

house and accused/appellant namely Jagdish and two other co-accused came to the complainant and started abusing them. Thereafter complainant tried to stop but appellant/accused beat Ramrati and she sustained injuries. Thereafter, report was registered for the aforesaid offence. After investigation, charge-sheet has been filed. Trial was conducted. After trial, appellant was convicted for the aforesaid offence. Being aggrieved by the aforesaid, petitioner preferred this appeal.

Learned counsel for the petitioner/accused submitted that he press the appeal on the point of quantum of sentence only. There are two complainants. The appeal is pending since 2009. The incident took place on 30.06.2008. He

is facing agony of trial for the last 15 years. At the time of incident petitioner was 20 years of age. Therefore, while enhancing the fine amount suitably, sentence of the petitioner be reduced to the period already undergone by him.

Learned counsel for the State supported the impugned judgment. Heard learned counsel for the parties and perused the record. Looking to the facts and circumstances of the case, ends of justice would meet if while reducing the jail sentence of the appellant to the period already undergone by him, the fine is enhanced from Rs.500/- to Rs.10,000/- under Section 325 of IPC and fine amount of Section 323 of IPC is 1000/- only. Accordingly, while affirming the conviction of the petitioner under Section 325 of IPC and 323 of IPC, jail sentence of the appellant is reduced to the period already undergone by him and fine amount is enhanced from Rs.500/- to Rs.10,000/- which shall be deposited by him within a period of one month from today, failing which the appellant will have to suffer the sentence as awarded by the Court below.

With the aforesaid, the appeal stands disposed of.

(DEEPAK KUMAR AGARWAL) JUDGE mani

SUBASRI MANI 2023.01.17 10:57:08

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