Kaushal Singh vs State Of M.P.
2023 Latest Caselaw 919 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. 962 of 2010

                          BETWEEN:-
                          KAUSHAL SINGH S/O KARAN SINGH, AGED ABOUT 33
                          YEARS, OCCUPATION: MAJDOORI GANESH CHAUK KE
                          PAS THAKUR MOHALLA VEERPUR THANA VEERPUR
                          (MADHYA PRADESH)

                                                                                            .....APPELLANT
                          (BY MR. ANSHU GUPTA - ADVOCATE)

                          AND
                          STATE OF M.P. TH:P.S.AJAK (MADHYA PRADESH)

                                                                                          .....RESPONDENT
                          (BY MR. ANIL SHUKLA - PUBLIC PROSECUTOR)

                                This appeal coming on for directions this day, th e court passed the
                          following:
                                                               ORDER

This appeal has been filed by the appellant against the judgment of

conviction and sentence dated 09.1.2010 passed by Special Judge (Atrocities), Sheopur, in Special Case No. (SC/ST) 54/2009 convicting the appellant under Section 323 of IPC and sentencing him to suffer six months RI.

Brief facts necessary for disposal of this appeal are that appellant assaulted on complainant with Lathi on his right hand, leg and back and bit him on the back with his teeth. Offence was registered. Appellant was arrested. After investigation, charge-sheet has been filed. Trial was conducted. After trial, appellant was convicted under Section 323 of IPC and sentenced as aforesaid. Signature Not Verified Signed by: ALOK KUMAR Signing time: 17-Jan-23 10:50:27 AM

Learned counsel for the appellant submitted that he does not want to challenge the conviction of the appellant for the aforesaid offence. As regards sentence, it is submitted by learned counsel for the petitioners that incident took place on 02.5.2009. They are facing agony of trial for the last 13 years. He remained in jail from 25.2.2015 till 04.3.2015 during trial. Therefore, while enhancing the fine amount suitably, sentence of the appellant 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, fine of Rs.1000/- is imposed under Section 323 of IPC. Accordingly, while affirming the conviction of the appellant under Section 323 of IPC, jail sentence of the appellant is reduced to the period already undergone by him and fine of Rs.1,000/- is imposed which shall be deposited by him within a period of one month from today, failing which the appellant shall have to suffer the sentence as awarded by the Court below. The amount of fine so deposited by the appellant be given to the complainant under Section 357 of Cr.P.C. as compensation.

With the aforesaid, the revision stands disposed of.

(DEEPAK KUMAR AGARWAL) JUDGE AKS

Signature Not Verified Signed by: ALOK KUMAR Signing time: 17-Jan-23 10:50:27 AM