Awatar Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 4165 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. 233 of 2002

                          BETWEEN:-
                          1.    AWATAR SINGH S/O BABU SINGH RAJPUT, AGED
                                ABOUT    30  YEARS, R/O VILLAGE HIWALA,
                                DISTRICT HOSHANGABAD (MADHYA PRADESH)

                          2.    JAINARAYAN S/O GOVIND PRASAD, AGED ABOUT
                                31   YEARS,   R/O VILLAGE MANDALA, PS
                                CHHIPAWAD, DISTT. HOSHANGABAD (MADHYA
                                PRADESH)

                                                                                       .....APPELLANTS
                          (BY SHRI ANKUR KASHYAP - ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH THROUGH P.S.
                          CHHIPAWAD, DISTRICT HARDA (MADHYA PRADESH)

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

                                This appeal coming on for final hearing this day, the court passed the

                          following:
                                                          JUDGMENT

This criminal appeal is preferred under section 374(2) of Cr.P.C. by the appellants being aggrieved by the judgment dated 01.02.2002 passed by IInd Additional Session Judge, Fast Track Court, Harda in S.T. No.82/96 whereby the appellant No.1 has been convicted for the offence punishable under Section 325 of IPC and sentenced to undergo R.I. for 03 years with fine of Rs.1,000/- also with default stipulation and appellant No.2 has been convicted for the

Signature Not Verified offence punishable under Section 323 of IPC and sentenced to undergo R.I. for Signed by: KAFEEL AHMED ANSARI Signing time: 3/17/2023 6:13:29 PM

03 months (on two counts).

As per the prosecution story, on 21.04.1995 at about 08:00 PM when the complainant Ramesh Chandra Sharma was going to his field to look after crops and reached at bus-stand at Mandla, the appellants alongwith co-accused persons came there and abused him. Thereafter, appellant No.1 assaulted him by means of an axe on his head and appellant No.2 assaulted him by means of wood. Hence, the police has lodged the FIR against them.

The prosecution has examined total 11 witnesses namely; Dr. N. Hasan (PW-1), Dr. S.B. Jain (PW-2), Poosmal Choudhary (PW-3), K.D. Singh/ASI (PW-4), Umesh Dwivedi/Inspector (PW-5), Ramesh Chandra Sharma (PW-6),

Vijay Shankar (PW-7), Ramvilas (PW-8), Ajay Kumar (PW-9), Narmada Prasad (PW-10) and Ramesh Raghuvanshi (PW-11). Though the appellants/accused abjured his guilt and he took a plea that he is innocent but not produce any evidence in his defence.

In defence, the appellants have examined the witnesses namely; Ganesh Prasad (DW-1) and Yusuf Khan (DW-2).

At the very outset, 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 14 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.

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

On perusal of record, it reveals that appellants have been facing criminal proceedings since last 25 years. Appellants have suffered the jail sentence of Signature Not Verified Signed by: KAFEEL AHMED ANSARI Signing time: 3/17/2023 6:13:29 PM

about 14 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 No.1 under Section 325 of the IPC to the period already undergone

by him, enhancing the fine amount from Rs.1,000/- to Rs.15,000/- and also reduce the jail sentence of appellant No.2 under Section 323 of the IPC to the period already undergone by him, imposing the fine amount of Rs.1,000/-.

The appellants are directed to deposit the enhanced/imposed fine amount within a period of 90 days from today, failing which, they have to undergo the actual jail sentence awarded by the trial court.

Accordingly, the appeal is partly allowed. The appellants are on bail, their bail bonds shall remain discharged subject to deposit of enhanced/imposed fine amount within stipulated period.

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 disposed off. 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