Bajrang @ Dadu vs The State Of M.P.
2023 Latest Caselaw 4087 MP

                                                                     1
                                    IN     THE      HIGH COURT OF MADHYA PRADESH
                                                         AT JABALPUR
                                                            BEFORE
                                         HON'BLE SHRI JUSTICE RAJENDRA KUMAR (VERMA)
                                                        ON THE 15 th OF MARCH, 2023
                                                     CRIMINAL APPEAL No. 222 of 2002

                                   BETWEEN:-
                                   BAJRANG @ DADU, SON OF MAIKU KORI, AGED ABOUT
                                   24 YEARS, R/O VILLAGE SUKBAR OUT POST SHAHPUR,
                                   POLICE STATION SEMARIYA, DISTRICT REWA
                                   (MADHYA PRADESH)

                                                                                                  .....APPELLANT
                                   (BY SHRI AKHILESH SINGH - ADVOCATE)

                                   AND
                                   THE STATE OF MADHYA PRADESH THROUGH POLICE
                                   STATION SEMARIYA DISTRICT REWA.

                                                                                                .....RESPONDENT
                                   (BY SHRI C.M. TIWARI - GOVERNMENT ADVOCATE)

                                         Th is appeal coming on for hearing this day, t h e court passed the
                                   following:
                                                                   JUDGMENT

This criminal appeal is preferred under section 374(2) of Cr.P.C. by the

appellant being aggrieved by the judgment dated 30.01.2002 passed by Additional Session Judge, Rewa in S.T. No.138/99 whereby the appellant is convicted for the offence punishable under Section 323 of IPC causing injury to Rajendra Tiwari and under Section 323 of IPC causing injury to Ramcharan and sentenced to undergo R.I. for 01 year and 06 months. All the sentences to run

Signature Not Verified concurrently.

SAN

Digitally signed by KAFEEL AHMED As per the prosecution story, on 28.03.1999 at about 08:30 PM when ANSARI Date: 2023.03.16 17:53:27 IST

informant Rajendra Tiwari was in his house, appellant came and asked him to

came out stating him that I have some work and when complainant/Rajendra Tiwari came out, accused persons armed with lathi assaulted and abused him.

The prosecution has examined total 9 witnesses namely; Rajendra Prasad (PW-1), Ramcharan Mishra (PW-2), Chandrashekhar Prasad Pandey (PW-3), Mudrika Prasad (PW-4), Dr. G.P. Shrivastava (PW-5), Jaylal Prasad Verma (PW-6), Lokpal Singh (PW-7), Dr. Atul Singh (PW-8) and Ramsimran Dubey (PW-9). Though the appellant/accused abjured his guilt and he took a plea that he is innocent.

In defence, the appellant has examined the witnesse namely; Chhakdedi (DW-1).

The appellant was tried and charged under Sections 323 of IPC. The learned trial Court, after considering the evidence and material available on record has convicted the appellant, as stated above.

At the very outset, learned counsel for the appellant submits that he is not challenging the finding of conviction recorded by the trial court and his only prayer is that the appellant has already suffered the jail sentence of about 08 months. It is pertinent to note that this appeal is of the year 2002 and after about 20 years, it would be appropriate to reduce the sentence to the period already undergone, looking to the fact and circumstances of the case. Thus, the ends of justice would be met if the jail sentence of the appellant is reduced to the period already undergone by him.

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

Signature Not Verified SAN On perusal of record, it reveals that appellant has been facing criminal Digitally signed by KAFEEL AHMED ANSARI proceedings since last 20 years. Appellant has already suffered the jail sentence Date: 2023.03.16 17:53:27 IST

of about 08 months. It is pertinent to note that this appeal is of the year 2002 and after about 20 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.

Accordingly the appeal is partly allowed. The appellant is in jail. He be set at liberty forthwith if not required in any other case in jail.

The order of the trial Court regarding disposal of the seized article stands confirmed.

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

Appeal is finally disposed off.

Pending I.As if any, shall also stands disposed off. Office is directed to comply with the order immediately. Certified copy, as per rules.

(RAJENDRA KUMAR (VERMA)) JUDGE kafeel

Signature Not Verified SAN

Digitally signed by KAFEEL AHMED ANSARI Date: 2023.03.16 17:53:27 IST