Kalu @ Akhlesh vs State Of M.P.
2023 Latest Caselaw 11075 MP

                                                             1
                             IN    THE       HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                     BEFORE
                                  HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                                  ON THE 17 th OF JULY, 2023
                                              CRIMINAL APPEAL No. 595 of 2011

                            BETWEEN:-
                            1.    KALU @ AKHLESH S/O RAMESH JATAV, AGED
                                  ABOUT 23 YEARS, OCCUPATION: MAJDOORI
                                  GRAM DAMRON KALA, THANA DINARA, DISTT.
                                  SHIVPURI (MADHYA PRADESH)

                            2.    RAMESH S/O CHATURA JATTAV, AGED ABOUT 50
                                  YEARS,    OCCUPATION: MAJDOORI     GRAM
                                  DAMRON KALA, THANA DINARA, DISTT.
                                  SHIVPURI (MADHYA PRADESH)

                            3.    MANSHARAM S/O MUNNA JATTAV, AGED ABOUT
                                  21 YEARS, OCCUPATION: AGRICULTURIST GRAM
                                  DAMARON KALAM, THANA DINARA, DISTT.
                                  SHIVPURI (MADHYA PRADESH)

                                                                                        .....APPELLANTS
                            (BY SHRI D.S.KUSHWAH - ADVOCATE)

                            AND
                            STATE OF M.P. TH: P.S. DINARA DISTRICT SHIVPURI
                            (MADHYA PRADESH)

                                                                                       .....RESPONDENT
                            (BY SHRI APS TOMAR - PUBLIC PROSECUTOR)

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

This criminal appeal under Section 374 of the Cr.P.C. has been filed by the appellants assailing the order dated 05.07.2011 passed in ST No.210/2010 by Additional Sessions Judge, Karera District Shivpuri by which appellants

Signature Not Verified have been convicted under Section 323 (three counts) of IPC and sentenced Signed by: VIJAY TRIPATHI Signing time: 7/17/2023 6:23:55 PM

them for six months with fine of Rs.300/- each with default stipulation.

At the outset, learned counsel for the appellants do not want to press their appeal on merit. He made his limited prayer that in lieu of sentence, fine should be enhanced.

The appellants are alleged for doing maarpeet with complainant and his family members. Complaint was filed. After trial, appellants were convicted by the impugned judgment. The incident took place on 17.11.2009. After 14 years elapsed, they have suffered ordeal of trial as well as appeal.

In view of the arguments advanced by the counsel for the appellants and after perusing the record, the incident took place on 17.11.2009, about 14 years

has been passed, in these situation, sentence of six months imposed by Court below under Section 323 (three counts) of IPC is reduced to the period already undergone by appellants enhancing the fine amount from Rs.300/- each to Rs.1000/- each which shall be paid to the complainant(s) by way of compensation.

The amount of compensation be deposited in the trial Court within one month from the date of receipt of certified copy of this order, failing which appellants shall undergo the original sentence awarded by the trial Court. In case, the appellants are on bail, their bail bonds stand discharged.

With the aforesaid modification, the criminal appeal stands disposed of.

(DEEPAK KUMAR AGARWAL) JUDGE Vijay

Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 7/17/2023 6:23:55 PM