Madhya Pradesh High Court
Uttam & Ors. vs The State Of M.P. on 16 March, 2023
Author: Rajendra Kumar (Verma)
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE RAJENDRA KUMAR (VERMA)
ON THE 16 th OF MARCH, 2023
CRIMINAL APPEAL No. 408 of 2001
BETWEEN:-
1. UTTAM S/O CHANDRABHAN LADIYA, AGED
ABOUT 20 YEARS, R /O VILLAGE NAYAGAON, P.S.
THEMI, DISTT. NARSINGHPUR (MADHYA
PRADESH)
2. DEV LAL S/O GHANSHYAM LADIYA, AGED ABOUT
22 YEARS, R/O VILLAGE NAYAGAON, P.S. THEMI,
DISTT. NARSINGHPUR (MADHYA PRADESH)
3. RAJJU @ RAJ KUMAR S/O KARAN LADIYA, AGED
ABOUT 45 YEARS, R /O VILLAGE NAYAGAON, P.S.
THEMI, DISTT. NARSINGHPUR (MADHYA
PRADESH)
4. MATWAR S/O KADHORI LAL LADIYA, AGED
ABOUT 34 YEARS, R /O VILLAGE NAYAGAON, P.S.
THEMI, DISTT. NARSINGHPUR (MADHYA
PRADESH)
5. HARI SHANKER S/O KARAN LADIYA, AGED
ABOUT 24 YEARS, R/O VILLAGE NAYAGAON, P.S.
THEMI, DISTT. NARSINGHPUR (MADHYA
PRADESH),
6. BIYASH S/O SARDAR LADIYA, AGED ABOUT 19
YEARS, R/O VILLAGE NAYAGAON, P.S. THEMI,
DISTT. NARSINGHPUR (MADHYA PRADESH),
.....APPELLANTS
(BY SHRI ANAND NAYAK - ADVOCATE)
AND
THE STATE OF M.P. THROUGH P.S. THEMI, DISTRICT
Signature Not Verified
SAN
NARSINGHPUR (MADHYA PRADESH)
Digitally signed by PRACHI PANDEY
Date: 2023.03.17 18:17:36 IST .....RESPONDENT
(BY SHRI PRAMOD CHOUBEY - GOVERNMENT ADVOCATE)
2
Th is appeal coming on for hearing this day, t h e court passed the
following:
ORDER
In pursuance to order dated 12.01.2023, appellants No. 1, 2, 5 and 6,
namely, Uttam, Dev Lal, Hari Shanker and Biyash, respectively, are present in
person alongwith their counsel. They are duly identified by their counsel.
As per the service report of show-cause notice, appellants No.3 and 4,
namely, Rajju @ Raj Kumar and Matwar, respectively, have died.
Accordingly, this appeal stands abated in respect of appellants No.3 and
4 only.
With regard to the show-cause notice issued against the appellants,
learned counsel for the appellants submits that on previous dates, due to
unavoidable reasons, the appellants could not present be present before the
Court and due to communication gap, learned counsel for the appellants was
also unable to appear before the trial Court.
Heard the appeal finally.
T h e instant appeal under Section 374(2) of the Code of Criminal
Procedure, has been preferred by the appellants being aggrieved by the
Judgment dated 05.02.2001 in S.T. No.36/1999 whereby learned trial Court
convicted the appellants for the offence punishable under Section 325/34 of the
Indian Penal Code and sentenced to undergo R.I. for one year each with fine of
Rs.2,000/- each and Section 323/34 of the Indian Penal Code and sentenced to
undergo R.I. for six months each with fine of Rs.500/- each, respectively.
Default stipulation has also been imposed by learned trial Court.
Signature Not Verified
SAN
A s per the prosecution case, on 27.02.1998, at about 11:00 a.m. the
Digitally signed by PRACHI PANDEY
Date: 2023.03.17 18:17:36 IST
appellants armed with deadly weapons, formed an unlawful assembly and with
common intention, attacked upon the victims Chooraman and Ashok.
Learned counsel for the appellants submits that he does not want to press
the appeal on the point of conviction, however, he prays to reduce the sentence
to the period already undergone by the appellants on the ground that the
appellants are poor villagers and are facing criminal proceedings since last 25
years.
On the other hand, learned Government Advocate for the State opposes
the prayer of appellants' counsel.
On perusal of record, it appears that appellants No.1- Uttam and No.2-
Dev Lal, remained in jail for 08 days, whereas appellant No.5- Hari Shanker had
suffered 18 days' incarceration period. Although appellant No.4- Biyas did not
remain in custody anymore.
Considering the whole facts and circumstances of the case as well as the
prayer made by learned counsel for the appellants, this Court is of the view that
the conviction awarded to the appellants under Sections 325/34 and 323/34 of
I.P.C. is hereby affirmed.
As far as sentence period is concerned, this Court is inclined and it is
directed that the sentence awarded to appellant No.1- Uttam, appellant No.2-
Dev Lal and appellant No.5- Hari Shanker be reduced to the period already
undergone by them subject to enhancing the fine amount to Rs.1,000/- in place
of Rs.500/- 'each' for the offence punishable under Section 323/34 of IPC and
to Rs.15,000/- in place of Rs.2,000/- 'each' for the offence punishable under
Section 325/34 of IPC.
Signature Not Verified
SAN
As far as sentence period in relation to appellant No.6- Biyas is
Digitally signed by PRACHI PANDEY
concerned, this court thinks it fit and directs to reduce the same up to the
Date: 2023.03.17 18:17:36 IST
period of till rising of the Court for the offence under Section 325/34 as well as
323/34 of IPC, however, the fine amount is enhanced to Rs.1,000/- in place of
Rs.500/- for the offence punishable under Section 323/34 of IPC and to
Rs.15,000/- in place of Rs.2,000/- for the offence punishable under Section
325/34 of IPC. Appellant No.6- Biyas shall appear before the trial Court on
28.03.2023 for serving the sentence awarded by this order.
The interest of justice would be served if part of fine amount is directed
to be paid as compensation to the victims in terms of the provisions contained
in Section 357(3) of Cr.P.C. Therefore, it is directed that out of the total fine
amount, Rs.10,000/- be paid to each of the victims Chooraman and Ashok.
The Criminal Appeal stands disposed of, accordingly.
(RAJENDRA KUMAR (VERMA))
JUDGE
Prachi
Signature Not Verified
SAN
Digitally signed by PRACHI PANDEY
Date: 2023.03.17 18:17:36 IST
