Ramgopal vs State Of M.P.
2023 Latest Caselaw 8764 MP

                                                      1
                 IN         THE      HIGH COURT OF MADHYA PRADESH
                                           AT GWALIOR
                                              BEFORE
                           HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                           ON THE 14 th OF JUNE, 2023
                                      CRIMINAL APPEAL No. 467 of 2006

               BETWEEN:-
               1.          RAMGOPAL S/O SHRI DEVJEET KUSHWAH , AGED
                           ABOUT 65 YEARS, OCCUPATION: AGRICULTURE
                           R/O GRAM KESHAVPURA, THANA BIJOULI, DISTT.
                           GWALIOR (MADHYA PRADESH)

               2.          BHANUPRAKASH(DELETED)

               3.          JAGDISH S/O DEVJIT SINGH KUSHWAH, AGED
                           ABOUT 50 YEARS, R/O GRAM KESHAVPURA
                           THANA    BIJOULI DISTT. GWALIOR (MADHYA
                           PRADESH)

               4.          SMT.RENUKA (DELETED)

                                                                                .....APPELLANTS
               (BY SHRI RAJMANI BANSAL- ADVOCATE)

               AND
               STATE OF M.P. THROUGH POLICE STATION BIJAULI
               DISTT. GWALIOR (MADHYA PRADESH)

                                                                                .....RESPONDENT
               (BY SHRI PRAMOD PACHORI - PUBLIC PROSECUTOR FOR THE STATE)

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

Learned counsel for the appellants submits that appellants Bhanuprakash

Signature Notand Smt. Renuka have died during pendency of this appeal and appeal has been Verified Signed by: MADHU SOODAN PRASAD abated against them.

Signing time: 15-06-2023 10:18:58 AM

Appellants Ramgopal and Jagdish have filed this appeal against the judgment dated 2nd June, 2006 passed by the Special Judge, Distt. Gwalior in Special S.T.No.5/2004, whereby appellants have been convicted under Sections 8/20(a)(1)/29 and 8/20(b)(ii)/29 of the NDPS Act for cultivation of cannabis plant and sentenced to undergo 7 years RI with fine of Rs.20,000/- and 1 year RI with fine of Rs.500/- respectively.

Learned counsel for the appellants/accused submitted that he does not want to challenge the conviction of the appellants for the aforesaid offences. As regards sentence, it is submitted by learned counsel for the appellants that incident took place on 20.5.2003 and appellants have been facing agony of trial

for the last 20 years. Appellant Ramgopal has already suffered jail sentence of 15 months and appellant Jagdish has suffered jail sentence of 11 months. Total 19 accused have been charge-sheeted out of which 15 have been acquitted. They are poor persons. There is no minimum sentence. Therefore, while maintaining their conviction for the aforesaid offences, their remaining jail sentence may be reduced to the period already undergone by them.

Learned counsel for the State supported the impugned judgment. Heard learned counsel for the parties and perused the impugned judgment.

Looking to the facts and circumstances of the case, ends of justice would meet if while maintaining the conviction of the appellants for the aforesaid offences, their remaining jail sentence is reduced to the period already undergone by them. Accordingly, while affirming the conviction of the appellants for the aforesaid offences, their remaining jail sentence is reduced to Signature Not Verified Signed by: MADHU SOODAN PRASAD the period already undergone by them. Signing time: 15-06-2023 10:18:58 AM With the aforesaid, the appeal stands disposed of.

(DEEPAK KUMAR AGARWAL) JUDGE ms/-

Signature Not Verified Signed by: MADHU SOODAN PRASAD Signing time: 15-06-2023 10:18:58 AM