Gajraj vs State Of M.P.
2023 Latest Caselaw 11176 MP

                                                             1
                             IN    THE       HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                     BEFORE
                                  HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                                  ON THE 18 th OF JULY, 2023
                                              CRIMINAL APPEAL No. 88 of 2008

                            BETWEEN:-
                            1.    GAJRAJ S/O S/O RAMNARAYAN MEENA , AGED
                                  ABOUT 52 YEARS, OCCUPATION: R/O BAGDUA
                                  THANA MANPUR DISTT. S HEOPUR (MADHYA
                                  PRADESH)

                            2.    DARA SINGH S/O S/O MOHANLAL MEENA , AGED
                                  ABOUT 22 YEARS, OCCUPATION: R/O GRAM
                                  BAGDUA THANA MANPUR DISTT. SHEOPUR
                                  (MADHYA PRADESH)

                            3.    MADHOLAL S/O S/O PRABHULAL MEENA , AGED
                                  ABOUT 45 YEARS, OCCUPATION: R/O GRAM
                                  BAGDUA THANA MANPUR DISTT. SHEOPUR
                                  (MADHYA PRADESH)

                            4.    RAMCHARAN S/O S/O BHAWARLAL MEENA ,
                                  AGED ABOUT 30 YEARS, OCCUPATION: R/O GRAM
                                  BAGDUA THANA MANPUR DISTT. SHEOPUR MP
                                  (MADHYA PRADESH)

                                                                                        .....APPELLANTS
                            (BY SHRI ANSHU GUPTA - ADVOCATE)

                            AND
                            STATE OF M.P. THROUGH POLICE STATION MANPUR
                            DISTRICT SHEOPUR (MADHYA PRADESH)

                                                                                       .....RESPONDENT
                            (BY SHRI R.K.AWASHTI - 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 Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 7/19/2023 10:14:44 AM

the appellants assailing the order dated 18.01.2008 passed in Special Case No.247/2007 by Special Judge, (Atrocities) District Sheopur by which appellants have been convicted under Section 324/34 of IPC and sentenced them for six-six months of RI with fine of Rs.500/- each and under Section 325/34 of IPC and sentenced them for eight-eight months of RI with fine of Rs.500/- 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 20.03.2004. After 19 years elapsed, they have suffered two months of jail incarceration out of their total jail sentence.

In view of the arguments advanced by the counsel for the appellants and after perusing the record, the incident took place on 20.03.2004, about 19 years has been passed, in these situation, sentence of six-six months imposed by Court below under Section 324/34 of IPC each is reduced to the period already undergone by appellants enhancing the fine amount from Rs.500/- each to Rs.2,500/- each and sentence of eight-eight months imposed by Court below under Section 325/34 of IPC each is reduced to the period already undergone by appellants enhancing the fine amount from Rs.500/- each to Rs.5,000/- each which shall be paid to the complainant(s) by way of compensation.

The amount of compensation be deposited in the trial Court within three months 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 Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 7/19/2023 10:14:44 AM

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: 7/19/2023 10:14:44 AM