Vikram Singh vs Police Headquarters
2023 Latest Caselaw 11448 MP

                                                 1
                 IN         THE     HIGH COURT OF MADHYA PRADESH
                                          AT GWALIOR
                                              BEFORE
                           HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                        ON THE 21 st OF JULY, 2023
                                    CRIMINAL APPEAL No. 8659 of 2018

               BETWEEN:-
               1.          VIKRAM SINGH S/O MANGAL SINGH YADAV,
                           AGED     ABOUT     66   YEARS, R/O   VILL
                           BOODHADONGAR      P.S. BADARWAS    DISTT.
                           SHIVPURI (MADHYA PRADESH)

               2.          DINESH SINGH S/O BHAVOOT SINGH YADAV,
                           AGED   ABOUT     42    YEARS, OCCUPATION:
                           AGRICULTURIST R/O VILL BOODHADONGAR P.S.
                           BADARWAS    DISTT.   SHIVPURI    (MADHYA
                           PRADESH)

               3.          JASPAL@YASHPAL SINGH S/O BHAVOOT SINGH,
                           AGED     ABOUT     48   YEARS, R/O   VILL
                           BOODHADONGAR      P.S. BADARWAS    DISTT.
                           SHIVPURI (MADHYA PRADESH)

               4.          RAVI@CHAINU S/O VIKRAM SINGH YADAV, AGED
                           ABOUT 34 YEARS R/O VILL BOODHADONGAR P.S.
                           BADARWAS     DISTT.   SHIVPURI  (MADHYA
                           PRADESH),

               5.          BHANU@ARUN S/O DIMAN SINGH YADAV, AGED
                           ABOUT 34 YEARS R/O VILL BOODHADONGAR P.S.
                           BADARWAS     DISTT.   SHIVPURI  (MADHYA
                           PRADESH),

               6.          BRAJESH S/O VIKRAM SINGH YADAV, AGED
                           ABOUT 38 YEARS R/O VILL BOODHADONGAR P.S.
                           BADARWAS     DISTT.   SHIVPURI  (MADHYA
                           PRADESH),

               7.          DIMAN SINGH S/O MANGAL SINGH YADAV, AGED
                           ABOUT 69 YEARS, OCCUPATION: AGRICULTURE
                           R/O VILL BOODHADONGAR P.S. BADARWAS
                           DISTT. SHIVPURI (MADHYA PRADESH)
Signature Not Verified
Signed by: MADHU
SOODAN PRASAD
Signing time: 22-07-2023
                                                                       .....APPELLANTS
11:05:49 AM
               (BY SHRI ASHA RAM SHIVHARE- ADVOCATE)
                                                       2
               AND
               THE STATE OF M.P. THROUGH STATION HOUSE
               OFFICER, POLICE STATION BADARWAS DISTT.
               SHIVPURI (MADHYA PRADESH)

                                                                                 .....RESPONDENT
               (BY SHRI V.P.S.TOMAR- PANEL LAWYER FOR THE STATE)

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

This appeal has been filed by the appellants against the judgment dated 22.10.2018 passed by the Sessions Judge, Shivpuri, in S.T.No.257/2011, whereby appellants have been convicted under Sections 452, 325/149, 148,

324/149 of IPC and sentenced to undergo 2 years RI, 2 years RI, 1 year RI and 1 year RI with fine respectively.

Learned counsel for the appellants/accused submitted that appellant No.1 has died during pendency of this appeal and he does not want to challenge the conviction of other appellants for the aforesaid offence. As regards sentence, it is submitted by learned counsel for the appellants that incident took place on 26.5.2011 and appellant Dinesh has already suffered jail sentence of 95 days, appellant Jaspal 65 days, appellants Ravi, Bhanu and Brajesh for a period of 49 days and appellant Diman Singh has already suffered jail sentence of 35 days. Amount of fine has been deposited by them. Therefore, while enhancing the fine amount suitably, sentence of the appellants be reduced to the period already undergone by them.

Learned counsel for the State supported the impugned judgment.

Signature Not Verified Heard learned counsel for the parties and perused the impugned Signed by: MADHU SOODAN PRASAD judgment.

Signing time: 22-07-2023 11:05:49 AM

Vide letter dated 22.12.2021 sent by the Sessions Judge, Shivpuri, it has been informed that appellant No.1 Vikram has died. Death certificate of the appellant has been enclosed along with the letter.

In view of the aforesaid, this appeal stands abated against appellant No.1- Vikram.

Looking to the facts and circumstances of the case, ends of justice would meet if while reducing the jail sentence of other appellants to the period already undergone by them, fine is enhanced to additional Rs.5,000/- under Section 325/149 of IPC and additional Rs.2,000/- under Section 324/149 of IPC. Accordingly, while affirming the conviction of the appellants for the aforesaid offences, jail sentence o f the appellants is reduced to the period already undergone by them and fine is enhanced to additional Rs.5,000/- under Section 325/149 and additional Rs.2,000/- under Section 324/149 of IPC which shall be deposited by them within a period of two months from today, failing which the appellants will have to suffer the sentence as awarded by the trial Court. The amount of fine so deposited by the appellants be given to complainant under Section 357 of Cr.P.C. as compensation.

With the aforesaid, the appeal stands disposed of.

(DEEPAK KUMAR AGARWAL) JUDGE ms/-

Signature Not Verified Signed by: MADHU SOODAN PRASAD Signing time: 22-07-2023 11:05:49 AM