Prashant Goswami vs The State Of M.P,
2023 Latest Caselaw 10185 MP

                                                           1
                          IN     THE      HIGH COURT OF MADHYA PRADESH
                                                AT GWALIOR
                                                   BEFORE
                                HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                                 ON THE 5 th OF JULY, 2023
                                           CRIMINAL APPEAL No. 480 of 2005

                         BETWEEN:-
                         PRASHANT GOSWAMI S/O RAMESH CHAND GOSWAMI,
                         AGED ABOUT 30 YEARS, OCCUPATION: SHOP KEEPAR
                         RESIDENT OF RECHARA PHATAK, DISTRICT DATIA
                         (MADHYA PRADESH)

                                                                                      .....APPELLANT
                         (SHRI S. K. KHARE- LEARNED COUNSEL FOR THE APPELLANT )

                         AND
                         THE STATE OF M.P, INCHARGE P.S.KOTWALI DISTRICT
                         DATIA (MADHYA PRADESH)

                                                                                     .....RESPONDENT
                         (SHRI PRAMOD PACHAURI- LEARNED COUNSEL FOR THE
                         RESPONDENT- STATE)

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

The present criminal appeal under Section 374 of CrPC has been filed by the appellant challenging the judgment of conviction and order of sentence dated 1st August, 2005 passed by Sessions Judge, Datia in Sessions Trial No.51 of 2005, whereby the appellant has been convicted under Section 307 of IPC and sentenced to undergo rigorous for fours RI and under Section 25(1-b)

(a)/27 of the Arms Act, sentenced to undergo one year RI. Both the sentences have been directed to run concurrently.

Prosecution case, in brief, is that complainant Jai Prakash Mishra (PW1) Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 7/6/2023 3:33:51 PM

is a teacher in a Government School and he has a private house in Tiwari Gali, Datia on which he lives on the upper floor and he had given the ground floor on rent to Rajdeep Yadav because he was the son of Principal Shyamveer Yadav. Rajdeep Yadav paid the rent for a few days and then stopped paying the rent. He was asked to vacate the house but after being told many times, he did not vacate house. On 03-09-2002 at around 03:00 afternoon he was doing work of Nivanchak Namavali on the upper floor and at time time, accused Rajdeep Yadav called his son Ashutosh at the courtyard and his wife Varuna (PW2) asked that what was the matter. On that, Rajdeep said the wife of complainant for calling up him. Since the complainant was doing important

work, therefore, he told that he could not go. Thereafter, Rajdeep went to the courtyard of present appellant- accused Prashant on giving a statement and asked to shoot. Thereafter, Prashant fired at complainant Jaiprakash but he sat down and fell down. On hearing cries of wife and daughters of Jaiprakash, both accused persons fled away by running towards the gate. Accused Prashant was carrying a katta and Dinesh Giri and Mukesh had seen the incident. On the basis of which, complainant lodged a report at Police Station vide Ex.P1. It is further alleged that one and a half month prior to incident, Rajdeep had given a threat to kill complainant who reported to Kotwali by which Sub-Inspector Sunil Shrivastava (PW5) had written same and its counterfoil was given to the concerning CJM. The Sub-Inspector Sujeet Kumar Shrivastava (PW8) prepared the spot map. On 17-09-2002 accused Prashant was arrested vide arrest Ex.P3 and his memorandum was recorded in presence of witness Babu Khan (PW6) and Lakhanlal (PW3) and from possession of appellant- accused Prashant, a katta was seized which was kept in almirah vide seizure memo Ex.P5. Seized weapon was sent to Armourer for its examination. Co-accused Rajdeep was Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 7/6/2023 3:33:51 PM

remained absconding and, therefore, charge sheet was filed against present appellant accused Prashant. A charge sheet was filed before the competent Court from where the case was committed to Sessions Court for its trial. The appellant- accused abjured his guilt and pleaded complete innocence. After recording the evidence of prosecution witnesses and material available on record, the learned trial Court vide impugned judgment convicted the present appellant for the aforesaid offence and sentenced him accordingly as stated above.

Learned counsel for the appellant submitted that he does not want to challenge conviction of appellant for the aforesaid offences. As regards sentence, it is submitted that incident took place on 03-09-2002. The appellant has been facing agony of trial for the last near about more than 20 years. The appellant has already served jail sentence for about 396 days during trial and from the date of judgment, he has served the jail sentence for a period 46 days, i.e. near about 442 days he has already served the jail sentence. Therefore, while maintaining conviction, the jail sentence 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 impugned judgment.

Looking to the aforesaid facts and circumstances of the case, ends of justice would meet if while maintaining conviction of the appellant for the aforesaid offences, his sentence be reduced to the period already undergone by him. Accordingly, while affirming conviction of appellant under Section 307 of IPC and under Section 25(1-b)(a) read with Section 27 of the Arms Act, his jail

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 7/6/2023 3:33:51 PM

sentence is reduced to the period already undergone by him.

With the aforesaid modification, the revision stands disposed of.

(DEEPAK KUMAR AGARWAL) JUDGE MKB

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 7/6/2023 3:33:51 PM