Prahlad vs State Of M.P.
2023 Latest Caselaw 3706 MP

                                   1
 IN     THE       HIGH COURT OF MADHYA PRADESH
                        AT GWALIOR
                          BEFORE
       HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                      ON THE 2 nd OF MARCH, 2023
                   CRIMINAL APPEAL No. 611 of 2005

BETWEEN:-
PRAHLAD S/O RAMHET RAJAK, AGED ABOUT 21
YEARS, R/O SAYANI MOHALLA SEONDHA DISTRICT
DATIA (MADHYA PRADESH)

                                                                .....APPELLANT
(BY SHRI M.M.TRIPATHI AND SHRI M.S.RAWAT - ADVOCATES)

AND
STATE OF M.P. THROUGH POLICE STATION SEONDHA
DISTRICT DATIA (MADHYA PRADESH)

                                                              .....RESPONDENT
(BY SHRI C.P. SHARMA - PANEL LAWYER)

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

This appeal has been filed by the appellant under Section 374 of Cr.P.C.

being aggrieved by the judgment dated 16.08.2005 passed by the Learned Additional Sessions Judge, Seondha, in S.T. No.88/2004, whereby appellant has been convicted under Sections 458 and 459 of IPC and sentenced to undergo 3-3 years of RI with fine of Rs.250/- with default stipulation.

I n brief, prosecution case is that when complainant Komal Singh was sleeping in his house, he heard voice, awoke and saw that accused was picking cash Rs. 2000/- from his trouser. When he restricted him, accused run away from backside of the room. Meanwhile, complainant saw one heater coil was

adjoined with electric board lying on the bed in which current was flowing. On his report, offence under Sections 458, 459 and 382 of IPC was registered against accused. Trial was conducted against all the three co-accused and they were acquitted.

Learned counsel for the appellant submits that incident is of the year 2004 and about 19 years have lapsed. Learned counsel for the appellant confined his argument only to the point of sentence and prays that the sentence awarded to him be modified to the extent of the period already undergone by him would be sufficient to meet the ends of justice.

Learned counsel for the respondent/State while opposing the appeal has

submitted that the learned Court below arrived on the appropriate finding and rightly passed the impugned judgment of conviction and sentence.

Looking to the facts and circumstances of the case, ends of justice would meet if while reducing the jail sentence of the appellant to the period already undergone by him. Accordingly, while affirming the conviction of the appellant 458 and 459 of IPC, jail sentence of the appellant is reduced to the period already undergone by him.

Accordingly, criminal appeal is partly allowed. While maintaining the appellant's conviction for offence under Sections 458 and 459 of IPC, the sentence awarded to him is hereby reduced to the period already undergone by him. The appellant is on bail. His bail bonds and surety bonds stand discharged.

A copy of this judgment along with the record of the trial Court be sent back forthwith In view of the above, this appeal is finally disposed of. Certified copy as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE Adnan Digitally signed by ADNAN HUSAIN

ADNAN ANSARI DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH

HUSAIN GWALIOR, 2.5.4.20=43f3ff8f444225f9f0d9c3049 7105abb80e91238ac53cf96a7b005e2 56158275, postalCode=474001, st=Madhya Pradesh,

ANSARI serialNumber=922E3DC382E0127257 CE0DCC4E29CD410E0BF39FAB6AA6 DCB81675BB2AF2DFCF, cn=ADNAN HUSAIN ANSARI Date: 2023.03.04 15:50:52 +05'30'