Ramesh vs The State Of Madhya Pradesh
2023 Latest Caselaw 3631 MP

                                                                        1
                                       IN     THE      HIGH COURT OF MADHYA PRADESH
                                                            AT JABALPUR
                                                                 BEFORE
                                                     HON'BLE SMT. JUSTICE ANJULI PALO
                                                           ON THE 1 st OF MARCH, 2023
                                                       CRIMINAL APPEAL No. 4493 of 2017

                                      BETWEEN:-
                                      1.    RAMESH S/O MANGAL SINGH BHILALA, AGED
                                            ABOUT 26 YEARS, R/O. VILL. BHOREKHEDAHURD
                                            P.S. PIPLAUD DISTT. KHANDWA M.P. (MADHYA
                                            PRADESH)

                                      2.    BHEEM SINGH S/O PAGLIYA BHILALA, AGED
                                            ABOUT 38 YEARS, R/O. VILL. BHOREKHEDAHURD
                                            P.S. PIPLAUD DISTT. KHANDWA M.P. (MADHYA
                                            PRADESH)

                                      3.    JIRWAN S/O DHODHLIYA BHILALA, AGED ABOUT
                                            42 YEARS, R/O. VILL. BHOREKHEDAHURD P.S.
                                            PIPLAUD DISTT. KHANDWA M.P. (MADHYA
                                            PRADESH)

                                                                                                   .....APPELLANTS
                                      (BY SHRI K.S.RAJPUT - ADVOCATE )

                                      AND
                                      THE STATE OF MADHYA PRADESH THR. THE P.S.
                                      PIPLAUD POLICE HEADQUARTERS DISTT. KHANDWA
                                      (M.P.) (MADHYA PRADESH)

                                                                                                  .....RESPONDENT
                                      (BY SHRI SOURAH SHUKLA - PANEL LAWYER)

                                            This appeal coming on for final disposal at motion stage this day, the
                                      court passed the following:
                                                                         ORDER

This appeal has been preferred by the appellant under Section 374 (II) of Signature Not Verified SAN Cr.P.C. being aggrieved by the judgment of conviction and order of sentence dated 08.09.2017 passed by the learned Sessions Judge, Khandwa in Sessions Digitally signed by ANUPRIYA SHARMA CHOUBEY Date: 2023.03.03 17:03:32 IST

Trial No. 500132 of 2016 whereby the appellants have been convicted under Section 323 of IPC and sentenced till rising of the Court with fine of Rs.25000/- each.

During the arguments the learned counsel for the appellants submits that fine imposed by learned trial Court is in higher side. It may be reduced.

In the present case, three persons have been convicted by the trial Court and case of the prosecution is duly supported by testimony of material witnesses as well as medical evidence. Doctor found 17 injuries on different parts of body of the complainant Bhagwansingh (P.W-5). He was under treatment for about 5 days in Arbindo Hospital, which is not situated in his

village. Prior to this incident, a 13-14 year old son of Mangalsingh died in an accident and in reaction, this incident took place as reflected from para 3 of the impugned judgment.

Hence, the learned trial Court rightly and in appropriate form awarded the compensation amount in favour of the complainant. Therefore, this appeal is hereby dismissed

(SMT. ANJULI PALO) JUDGE anu

Signature Not Verified SAN

Digitally signed by ANUPRIYA SHARMA CHOUBEY Date: 2023.03.03 17:03:32 IST