Hakam Singh And Ors. vs The State Of M.P.
2023 Latest Caselaw 4146 MP

                                                       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. 1174 of 2002

                          BETWEEN:-
                          1.    HAKAM SINGH SON OF TULARAM GUJAR,
                                AGED ABOUT 30 YEARS, R/O VILLAGE
                                BHATGAON, POLICE STATION SUHAGPUR,
                                DISTRICT   HOSHANGABAD     (MADHYA
                                PRADESH)

                          2.    BHAWANI SINGH S/O SUDAN SINGH, AGED
                                ABOUT 25 YEARS, R/O VILLAGE BHATGAON,
                                POLICE STATION SUHAGPUR, DISTRICT
                                HOSHANGABAD (MADHYA PRADESH),

                          3.    MUNNA @ SHYAM SUNDAR S/O KISHAN
                                MISHRA, AGED ABOUT 32 YEARS, R/O
                                VILLAGE BHATGAON, POLICE STATION
                                SUHAGPUR,  DISTRICT HOSHANGABAD
                                (MADHYA PRADESH)

                                                                               .....APPELLANTS
                          (BY SHRI SANJAY KUMAR CHOUBEY - ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH THROUGH THE
                          DISTRICT MAGISTRATE, HOSHANGABAD (M.P.)

                                                                              .....RESPONDENT
                          (BY SHRI PRAMENDRA SINGH - PANEL LAWYER)

                                This appeal coming on for hearing this day, the court passed the
                          following:
                                                     JUDGEMENT

This appeal has been filed under Section 374(2) of the Code of

Signature Not Verified Signed by: KAFEEL AHMED ANSARI Signing time: 3/17/2023 6:13:29 PM

Criminal Procedure by the appellants being aggrieved by the conviction and sentence arising out of judgment and finding of the Court of the learned Special Judge, Hoshangabad, District Hoshangabad dated 26.07.2002 passed in Sessions Trail No.124/2000 whereby the appellants were convicted under Section 325 of IPC and sentenced to undergo R.I. for 06 months with fine of Rs.500/- and in default of payment of fine amount further R.I. for 01 month.

2. Prosecution story in brief is that on 23.03.1997 at about 11:30 PM, when the complainant Pooran Singh Harijan was sleeping in the Varandah of his house alongwith his family members. On hearing a noise, he woke up and saw that the appellants/accused were standing in his Varandah and

on being asked by his father Munshi, accused Bhawani gave a lathi blow on the right hand to him, accused Hakam Gujar gave lathi blow on the elbow of the complainant and when the complainant raise alarm, some person came there and the accused persons fled away.

3. The prosecution has examined total 10 witnesses namely; Pooran Singh/complainant (PW-1), Sharda Bai (PW-2), Dr. N. Hasan (PW-3), Bhujariya (PW-4), Ramesh Raghuvanshi (PW-5), Dr. Diwakar Bhattacharya (PW-6), Shyam Sunder (PW-7), Raghuvir Singh (PW-8), Shankarlal (PW-9) and Munshilal (PW-10).

4. In defence, the appellants have examined the witness namely; Bhannu Singh (DW-1).

5. The appellants/accused abjured their guilt and took a plea that they are innocent.

Signature Not Verified Signed by: KAFEEL AHMED ANSARI Signing time: 3/17/2023 6:13:29 PM

6. The appellants were tried and charged under Section 325 of IPC. The learned trial Court, after considering the evidence and material available on record has convicted the appellants, as stated above.

7. Learned counsel appearing on behalf of appellants submits that he is not challenging the finding of conviction recorded by the trial court and his only prayer is that the appellants have already suffered the jail sentence of about 02 days. It is further prays for reduction of the jail sentence of the appellants to the period already undergone or as the Court may deem fit.

8. Learned Panel Lawyer for the State has no objection to the same.

9. I have heard the learned counsel for the parties and have also perused the record.

10. On perusal of record, it reveals that appellant has been facing criminal proceedings since last 20 years. Appellant has suffered the jail sentence of 02 days. 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 325 of the IPC to the period already undergone by him and enhancing the fine amount from Rs.500/- to Rs.20,000/- each.

11. The appellant is directed to deposit the enhanced fine amount within a period of 90 days from today, failing which, he has to undergo the actual jail sentence awarded by the trial court.

12. Accordingly the appeal is partly allowed.

13. The learned trial Court is directed to pay Rs.10,000/- (Rs. Ten

Thousand) to the injured Pooran Singh and Rs.20,000/- to the injured Munshi out of the total amount, if deposited by the appellants.

Signature Not Verified Signed by: KAFEEL AHMED ANSARI Signing time: 3/17/2023 6:13:29 PM

14. The appellants are on bail, their bail bonds shall remain discharged subject to deposit of imposed fine amount within stipulated period.

15. Let record of the trial court be sent back along with a copy of this judgment for information and necessary action.

Pending I.A., if any, stands closed.

Certified copy, as per rules.

(RAJENDRA KUMAR (VERMA)) JUDGE kafeel

Signature Not Verified Signed by: KAFEEL AHMED ANSARI Signing time: 3/17/2023 6:13:29 PM