Santosh Kumar Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 3624 MP

                                                                          1
                                        IN     THE       HIGH COURT OF MADHYA PRADESH
                                                              AT JABALPUR
                                                                BEFORE
                                             HON'BLE SHRI JUSTICE RAJENDRA KUMAR (VERMA)
                                                             ON THE 1 st OF MARCH, 2023
                                                          CRIMINAL APPEAL No. 731 of 2001

                                       BETWEEN:-
                                       SANTOSH KUMAR SINGH, S/O SHRI RAM KIRPAL
                                       SINGH AGED ABOUT 25 YEARS, R/O VILLAGE JAMUA,
                                       P.S. MAJAULI DISTRICT-SIDHI (MADHYA PRADESH)

                                                                                                      .....APPELLANT
                                       (APPELLANT IS PRESENT IN PERSON)

                                       AND
                                       THE STATE OF MADHYA PRADESH THROUGH POLICE
                                       STATION    MAJAULI    DISTRICT-SIDHI (MADHYA
                                       PRADESH)

                                                                                                    .....RESPONDENT
                                       (BY SHRI C.M. TIWARI          - GOVERNMENT ADVOCATE            FOR    THE
                                       RESPONDENT/STATE)

                                             This appeal coming on for final hearing this day, the court passed the
                                       following:
                                                                           ORDER

This criminal appeal is preferred under section 374(2) of Cr.P.C. by the appellant being aggrieved by the judgment dated 01.05.2001 passed by Additional Session Judge, Sidhi in S.T. No.49/1999 whereby the appellant is convicted for the offence punishable under Sections 323, 506 and 294 of IPC. Appellant has been awarded R.I. for one year under Sections 323 of IPC and 506 of IPC and under Section 294 of IPC has been awarded for three months. Signature Not Verified SAN All the sentences to run concurrently.

2. As per the prosecution story, on 04.09.1998, when complainant Anil Digitally signed by VAISHALI AGRAWAL Date: 2023.03.03 18:50:22 IST

Kumar Singh, who is teacher in school came out to call back the students in interval hours, at that time, he was beaten and abused by the appellant, as a result, complainant sustained injuries. Hence, the police has lodged the FIR against the appellant.

3 . The prosecution has examined total 9 witnesses namely the Anil Kumar Singh (PW-1), Dr. A.P. Singh (PW-2), Kashi Prasad (PW-3), Akhilesh Kumar Mishra PW-4), Ramesh Kumar Gupta (PW-5), Kamta Prasad Sharma (PW-6), S.L. Tripathi (PW-7), Jawala Prasad (PW-8), Rajrakhan Choubey (PW-9). Though the appellant/accused abjured his guilt and he took a plea that he is innocent but not produce any evidence in his defence

4. That the incident had taken place on 04.09.1998 and no purpose would be served by sending the appellant jail after a lapse of about 23 years. The appellant has already undergone the jail sentence for a period of four days.

5. Learned Government Advocate for the State has no objection to the same.

6. On perusal of record, it reveals that appellant has been facing criminal proceedings since last 23 years. Appellant has suffered the jail sentence of four days. It is pertinent to note that this appeal is of the year 2001 and after about 23 years it would be appropriate to reduce the jail sentence of the

appellant under Section 323 of the IPC to the period already undergone by

him and enhancing the fine amount under Section 506 of IPC from Rs. 500/- to 10,000/- and out of this enhanced amount Rs.5,000/- shall be paid to the complainant as compensation.

Signature Not Verified SAN

7. The appellant is directed to deposit the enhanced fine amount

Digitally signed by VAISHALI AGRAWAL Date: 2023.03.03 18:50:22 IST within a period of 90 days from today, failing which, he has to undergo the

actual jail sentence awarded by the trial court.

8. Accordingly the appeal is partly allowed.

9. The appellant is on bail, his bail bond shall remain discharged subject to deposit of enhanced fine amount within stipulated period.

10. Let record of the trial Court be sent back along with a copy of this order for information and necessary action.

11. Appeal is finally disposed off.

Certified copy, as per rules.

(RAJENDRA KUMAR (VERMA)) JUDGE vai

Signature Not Verified SAN

Digitally signed by VAISHALI AGRAWAL Date: 2023.03.03 18:50:22 IST