Madhya Pradesh High Court
Devi Singh vs State Of M.P. on 26 June, 2023
Author: Deepak Kumar Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
ON THE 26 th OF JUNE, 2023
CRIMINAL APPEAL No. 901 of 2011
BETWEEN:-
1. DEVI SINGH S/O KANHAI RAM, AGED ABOUT 49
Y E A R S , OCCUPATION: AGRICULTURIST
VILL.MAHUAKHEDA, P.S.GYARASPUR,
DISTT.VIDISHA (MADHYA PRADESH)
2. JAGAT SINGH S/O GANNU LAL, AGED ABOUT 31
YEARS,
3. VIKRAM SINGH S/O UMRAW SINGH, AGED ABOUT
27 YEARS, OCCUPATION: AGRICULTURISTS
VILLAGE- MAHUAKHEDA P.S. GYARASPUR
(MADHYA PRADESH)
4. BADRI PRASAD @ BADRI S/O AMAN SINGH, AGED
ABOUT 65 YEARS,
5. NAVAL SINGH S/O BHIKAM SINGH, AGED ABOUT
31 YEARS,
6. GOVIND SINGH S/O GANNU LAL, AGED ABOUT 40
YEARS,
7. DONGER SINGH S/O PHOOL SINGH, AGED ABOUT
24 YEARS, R/O
VILL.MAHUKHEDA,P.S.GYARASPUR,DISTT.VIDISHA
(MADHYA PRADESH)
.....APPELLANT
( SHRI KR.PADAM SINGH, LEARNED COUNSEL FOR APPELLANTS)
AND
STATE OF M.P. TH:P.S.GYARASPUR (MADHYA
PRADESH)
.....RESPONDENTS
(SHRI LOKENDRA SHRIVASTAVA, LEARNED PUBLIC PROSECUTOR FOR
Signature Not Verified
Signed by: YOGENDRA
OJHA
Signing time: 6/27/2023
11:23:19 AM
2
STATE)
Th is appeal coming on for hearing this day, t h e court passed the
following:
ORDER
Instant Criminal Appeal under Section 374 of CrPC has been preferred
b y appellants against the judgment of conviction and order of sentence dated
09.09.2011 passed by First Additional Sessions Judge Vidisha in
S.T.No.194/2007, whereby trial Court convicted the appellants under Section
325/149 of IPC (two counts) and sentenced to undergo three month R.I. with
fine of Rs.3000/-, under Section 323/149 of IPC (three counts) and sentenced
to undergo three months R.I. with default stipulation and ordered to pay Rs.
10,000/- each to injured Bapu and Jaswant and Rs.3000/- each to injured
Girdhari, Kok Singh and Sirnam as compensation.
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 2007
and appellants have suffered custody period of about more than two months.
fine amount has already been deposited by them and more than 16 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 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.
Signature Not Verified
Signed by: YOGENDRA
OJHA
Signing time: 6/27/2023
11:23:19 AM
It is not disputed that the occurrence relates to year 2007 and appellants
have suffered about more than two months 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 question was committed nearly 16 years back, it will be just and
proper that if by imposing further fine amount of Rs.5,000/- against each of the
appellants under Section 325/149 and further fine amount of Rs. 1000/- against
each of the appellants under Section 323/149 of IPC, the remaining jail sentence
of the appellants is reduced to the period already undergone by them.
Accordingly, criminal appeal is partly allowed. While maintaining
appellants' conviction for offence under Section 325/149, 323/149 of IPC, the
remaining jail sentence awarded to appellants is hereby reduced to the period
already undergone by them with imposition of further fine amount of Rs.5,000/-
against each of the appellants under Section 325/149 of IPC in respect of
injured Bapu Singh and Jaswant Singh and further fine amount of Rs. 1000/-
against each of the appellants under Sections 323/149 of IPC in respect of
injured Girdhari, Kok Singh and Sirnam which shall be deposited by the
appellants within a period of two months from today failing which the
appellants 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
Bapu Singh and Jaswant Singh and fine amount of Rs.1000/- deposited by each
of the appellants be given to injured Girdhari, Kok Singh and Sirnam 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.
Signature Not Verified
A copy of this judgment alongwith record of the trial court be sent back
Signed by: YOGENDRA
OJHA
Signing time: 6/27/2023
11:23:19 AM
forthwith.
(DEEPAK KUMAR AGARWAL)
JUDGE
ojha
Signature Not Verified
Signed by: YOGENDRA
OJHA
Signing time: 6/27/2023
11:23:19 AM
