Janki Prasad vs The State Of M.P.
2023 Latest Caselaw 4166 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. 1242 of 2002

                                       BETWEEN:-
                                       JANKI PRASAD, S/O TULSIRAM LODHI, AGED ABOUT 38
                                       YEARS, BY CASTE LODHI, SHOP-KEEPER, R/O VILLAGE
                                       KUNDA P.S. TIKARIYA, DISTRICT-MANDLA (MADHYA
                                       PRADESH)

                                                                                                          .....APPELLANT
                                       (BY SHRI P.S. DAS - ADVOCATE )

                                       AND
                                       THE STATE OF M.P. (MADHYA PRADESH)

                                                                                                       .....RESPONDENTS
                                       (BY SHRI PRAMOD KUMAR CHOUBEY - DEPUTY GOVERNMENT
                                       ADVOCATE FOR THE RESPONDENT/STATE)

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

T his appeal has been filed under Section 374 of the Code of

Criminal Procedure by the appellant being aggrieved by the conviction and sentence arising out of judgment and finding of the Court of the learned Special Judge, Mandla District-Mandla dated 13.08.2002, passed in Special Case No.76/2001, whereby the appellant was convicted under Section 325 of IPC and sentenced to undergo R.I. for 01 year.

Signature Not Verified

2. Allegation against the appellant is that he has abused and threaten the SAN

Digitally signed by VAISHALI AGRAWAL complainant and sustained injuries to complainant. Date: 2023.03.17 18:12:11 IST

3. The prosecution has examined total 8 witnesses namely; complainant

Ramkrishna (PW-1), Gariba (PW-2), Kudiyabai (PW-3), Ratiram (PW-4), Kavelchand (PW-5), Dr.M. Teja (PW-6), M.S. Tekam (PW-7) Dr. R.K. Mehra (PW-8). The defence have also examined Hemant Singh (DW-1) and Dilip Kumar Pandey (DW-2).

4. Learned counsel appearing on behalf of 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 from 17.04.2001 to 23.04.2001 i.e. 4 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 sentence as 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 with fine.

5. Learned Deputy Government Advocate for the State has justified and supported the conviction and sentence passed by trial Court.

6. I have heard the learned counsel for the parties and gone through the material available on record along with the impugned judgment. On perusal of record, it seems that the appellant has been facing criminal proceedings since last 20 years. Considering the nature of offence and other circumstances as well as in the interest of justice, it would be appropriate to reduce the period of jail sentence awarded to the appellant to the period already undergone by him, subject to enhancement of fine amount.

7. Consequently, the appeal is partly allowed and the awarded jail sentence is reduced to the period already undergone by the appellant. The fine Signature Not Verified SAN amount is enhanced from Rs.500/- to Rs.20,000/- to appellant out of which Digitally signed by VAISHALI AGRAWAL Date: 2023.03.17 18:12:11 IST Rs.10,000/- shall be paid to injured/victim Ram Krishna Gond as

fine/compensation.

8. In case of failure of payment of enhanced fine amount before the Court below within a period of one month from today, the appellant has to undergo the sentence awarded by the trial court.

9 . T he appellant is on bail, their bail bonds shall remain discharged subject to deposit of imposed fine amount within stipulated period.

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

11. Appeal is finally disposed off.

Certified copy as per rules.

(RAJENDRA KUMAR (VERMA)) JUDGE vai

Signature Not Verified SAN

Digitally signed by VAISHALI AGRAWAL Date: 2023.03.17 18:12:11 IST