Jagdish vs The State Of M.P.
2023 Latest Caselaw 4079 MP

                                                            1
                           IN     THE      HIGH COURT OF MADHYA PRADESH
                                                 AT GWALIOR
                                                    BEFORE
                                 HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                               ON THE 15 th OF MARCH, 2023
                                            CRIMINAL APPEAL No. 180 of 2005

                          BETWEEN:-
                          JAGDISH S/O PRABHULAL BHEEL, AGED ABOUT 22
                          YEARS, OCCUPATION: KASKARI RESIDENT OF GRAM
                          JHUKRA, P.S. CHCHODA,AT PRESENT R/O GRAM -
                          SAHROG, P.S. ARON    DISTRICT GUNA (MADHYA
                          PRADESH)

                                                                                         .....APPELLANT
                          (SHRI RAJMANI BANSAL- COUNSEL FOR THE APPELLANT)

                          AND
                          THE STATE OF M.P. INCHARGE P.S.CHACHODA,
                          DISTRICT GUNA (MADHYA PRADESH)

                                                                                       .....RESPONDENT
                          (SHRI B. M. SHRIVASTAVA- LEARNED COUNSEL FOR THE
                          RESPONDENT- STATE)

                                This appeal coming on for HEARING this day, th e court passed the
                          following:
                                                           JUDGMENT

Since facts of present appeal is squarely covered by the facts of Criminal Appeal No.185 of 2005 passed by this Court today itself filed by Atar Singh and two Others, therefore, this criminal appeal filed by appellant Jagdish under Section 374 of CrPC challenging judgment of conviction and order of sentence dated 01-03-2005 passed by the Additional Sessions Judge, Chachoda, District Guna in ST No.279 of 2002 is hereby partly allowed.

In terms of judgment passed in Criminal Appeal No.185 of 2005, while maintaining conviction of appellant, the sentence of seven years RI awarded for Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 3/20/2023 5:58:34 PM

offence under Section 304 II read with Section 34 of IPC is hereby reduced to two years with enhancement of fine amount from Rs.500/- to Rs.10,000/-. Two months time from the date of this judgment is hereby granted to the appellant to deposit the aforesaid enhanced fine amount and the same shall be adjusted with the fine amount if so deposited by the appellant before the trial Court and the same shall be paid to legal heirs of deceased by way of compensation. On failure of deposit of aforesaid enhanced amount, the appellant shall further undergo 3 months RI as awarded by the trial Court.

Let a copy of judgment passed in Criminal Appeal No.185 of 2005 be kept in the present appeal.

(DEEPAK KUMAR AGARWAL) JUDGE MKB

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 3/20/2023 5:58:34 PM