Bharat Singh (Dead) Deleted vs State Of M.P.
2023 Latest Caselaw 9185 MP

                                                         1
                           IN     THE       HIGH COURT OF MADHYA PRADESH
                                                  AT GWALIOR
                                                    BEFORE
                                 HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                               ON THE 20 th OF JUNE, 2023
                                            CRIMINAL APPEAL No. 517 of 2012

                          BETWEEN:-
                          1.    BHARAT SINGH (DEAD) DELETED S/O KISHAN
                                LAL GADARIYA, AGED ABOUT 50 YEARS,
                                OCCUPATION: MAJDOORI GRAM NIVODIYA,
                                P.S.GANJBASODA, DISTT.VIDISHA (MADHYA
                                PRADESH)

                          2.    BHABUT SINGH S/O KISHAN LAL, AGED ABOUT 34
                                YEARS,

                          3.    IMRAT SINGH S/O SARDAR SINGH SILAVAT,
                                AGED ABOUT 40 YEARS,

                          4.    MAHARAJ SINGH S/O AMAR SINGH GADARIYA,
                                AGED       ABOUT         23     YEARS,
                                GANJBASODA,DISTT.VIDISHA      (MADHYA
                                PRADESH)

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

                          AND
                          STATE OF M.P. TH:P.S.GANJBASODA VIDISHA (MADHYA
                          PRADESH)

                                                                                 .....RESPONDENTS
                          (BY SHRI LOKENDRA SHRIVASTAVA- PUBLIC PROSECUTOR)

                                This appeal coming on for admission this day, th e court passed the
                          following:
                                                          ORDER

Vide order dated 24.04.2014, present appeal is abated against the appellant No.1.

Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 6/21/2023 11:34:35 AM

Ins tant Criminal Appeal under Section 374(2) of CrPC has been preferred by appellants No.2 to 4 against the judgment of conviction and order of sentence dated 28.06.2012 passed by Additional Sessions Judge, Ganjbasoda District Vidisha in Sessions Trial No.96 of 2010, whereby trial Court convicted the appellants under Section 325/34 of IPC and sentenced to undergo four years R.I. with fine of Rs.1500/-, under Section 323/34 of IPC and sentenced to undergo one years R.I. with fine of Rs.500/- each with default stipulation.

Learned counsel for the appellants does not challenge the finding of conviction but since the occurrence has taken place as back as in the year 2009

and appellants No. 2 to 4 have served in custody for about 11 days, fine amount has already been deposited by them and more than 14 years have passed since the date of incident, therefore, it is prayed that by imposing a suitable fine amount, the jail sentence awarded to the appellants No.2 to 4 may be reduced to the period already undergone by them.

On the other hand, learned Counsel for State as well as complainant has opposed the submissions made by the counsel for the appellants and submitted that there is neither any occasion to interfere with the sentence awarded by the trial Court to appellants nor any compassion or sympathy is called for.

Heard learned counsel for the parties and perused the judgment passed by the Court below as well as record of the case.

It is not disputed that the occurrence relates to year 2009 and appellants No.2 to 4 have served about 11 days of incarceration out of total jail sentence awarded by trial Court and so also, suffered the agony and trauma of protracted trial. Thus, looking to over-all circumstances and the fact that the offence in

Signature Not Verified question was committed nearly 14 years back, it will be just and proper that if Signed by: YOGENDRA OJHA Signing time: 6/21/2023 11:34:35 AM

by imposing a fine amount of Rs.10,000/- against each of the appellants under Section 325/34and fine amount of Rs. 1000/- against each of the appellants under Section 323/34 of IPC, the remaining jail sentence of the appellants No.2 to 4 is reduced to the period already undergone by them.

Accordingly, criminal appeal is partly allowed. While maintaining appellants' conviction for offence under Section 325/34 and 323/34, the remaining jail sentence awarded to appellants No. 2 to 4 is hereby reduced to the period already undergone by them with imposition of fine amount of Rs.10,000/- against each of the appellants under Section 325/34 of IPC in respect of injured Kamal Singh and fine amount of Rs. 1000/- against each of the appellants under Sections 323/34 of IPC in respect of injured Maya Bai, Mohar Singh and Krishna Bai which shall be deposited by the appellants No.2 to 4 on adjustment of fine amount already deposited by the appellants No.2 to 4 before trial Court, within a period of two months from today failing which the appellants No.2 to 4 shall suffer the sentence awarded by the court below. The fine amount of Rs.10,000/- deposited by each of the appellants be given to injured Kamal Singh and fine amount of Rs.1000/- deposited by each of the appellants be given to injured Maya Bai, Mohar Singh and Krishna Bai as compensation The appellants are on bail, therefore, their bail bonds and surety bonds stand discharged.

With the aforesaid, the criminal appeal stands disposed of. A copy of this judgment alongwith record of the trial court be sent back forthwith.

(DEEPAK KUMAR AGARWAL) Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 6/21/2023 11:34:35 AM

JUDGE ojha

Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 6/21/2023 11:34:35 AM