Bharat vs State Of M.P.
2023 Latest Caselaw 9813 MP

                                                      1
                 IN         THE      HIGH COURT OF MADHYA PRADESH
                                           AT GWALIOR
                                              BEFORE
                           HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                           ON THE 28 th OF JUNE, 2023
                                       CRIMINAL APPEAL No. 92 of 2011

               BETWEEN:-
               1.          BHARAT S/O PURAN MEENA, AGED ABOUT 26
                           YEARS, R/O GRAM SARSILLI, DISTT. SHEOPUR
                           (MADHYA PRADESH)

               2.          ASHOK S/O MUDILAL MEENA, AGED ABOUT 18
                           YE A R S , R/O GRAM BHEELBADIYA SHEOPUR
                           (MADHYA PRADESH)

               3.          RAMCHARAT S/O PURAN CHAND MEENA, AGED
                           ABOUT 24 YEARS, R/O GRAM SARSILLI DISTT.
                           SHEOPUR (MADHYA PRADESH)

               4.          RAMBABU S/O PURAN CHAND MEENA, AGED
                           ABOUT 20 YEARS, R/O SILLI SHEOPUR (MADHYA
                           PRADESH)

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

               AND
               STATE OF M.P. TH: POLICE STATION BADODA, DISTT.
               SHEOPUR (MADHYA PRADESH)

                                                                                .....RESPONDENT
               (BY SHRI NEERAJ DAMANIYA- 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 Signature Not Verified 13.1.2011 passed by the Sessions Judge, Sheopur in S.T.No.63/2008, whereby Signed by: MADHU SOODAN PRASAD Signing time: 28-06-2023 05:08:37 PM appellants have been convicted under Sections 325/34 and 324/34 of IPC and

sentenced to undergo 2 years SI with fine of Rs.1,000/- and 1 year RI with fine of Rs.500/- respectively.

Allegation against the appellants is that they assaulted on complainant Madholal with axe and Khutia. Complainant suffered dislocation of bone.

Learned counsel for the appellants/accused submitted that he does not want to challenge the conviction of the appellants for the aforesaid offence. As regards sentence, it is submitted by learned counsel for the appellants that incident took place on 4.3.2008 and appellants have been facing agony of trial for the last 15 years. Appellant Bharat has already suffered incarceration of 16 days, appellant Ashok 14 days, appellant Ramcharat 13 days and appellant

Rambabu has suffered incarceration of 5 days. 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. Heard learned counsel for the parties and perused the impugned judgment.

In view of Section 71 of IPC since offence under Section 324 of IPC is a part of offence under Section 325 of IPC, there is no need to punish the appellants for offence under Section 325/34 of IPC separately.

Looking to the facts and circumstances of the case, ends of justice would meet if while reducing the jail sentence of the appellants to the period already undergone by them, fine is enhanced to Rs.10,000/- under Section 324/34 of IPC. Accordingly, while affirming the conviction of the appellants under Sections 325/34 & 324/34 of IPC, jail sentence o f the appellants is Signature Not Verified reduced to the period already undergone by them and fine is enhanced to Signed by: MADHU SOODAN PRASAD Signing time: 28-06-2023 05:08:37 PM Rs.10,000/- under Section 324/34 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: 28-06-2023 05:08:37 PM