Madhya Pradesh High Court
Ramjiyawan vs The State Of Madhya Pradesh on 20 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 20 th OF MARCH, 2023
CRIMINAL APPEAL No. 1962 of 2006
BETWEEN:-
1. RAMJIYAWAN S/O RAMPRATAP TIWARI, AGED
ABOUT 45 YEARS, VILLAGE MAJHIGAWAN, P.S.
SOHAGI DISTT.REWA (MADHYA PRADESH)
2. RAMSURAT S/O RAMPRATAP TIWARI, AGED
ABOUT 25 YEARS, VILLAGE MAJHIGAWAN, P.S.
SOHAGI DISTT. REWA (MADHYA PRADESH)
3. RAMSIYA S/O RAMPRATAP TIWARI, AGED ABOUT
42 YEARS, VILLAGE MAJHIGAWAN,P.S.SOHAGI
DISTT.REWA (MADHYA PRADESH)
4. RAMBAHOR S/O RAMPRATAP TIWARI, AGED
ABOUT 30 YEARS, VILLAGE
MAJHIGAWAN,P.S.SOHAGI DISTT.REWA
(MADHYA PRADESH)
5. RAMA TIWARI S/O BHAIYALAL TIWARI, AGED
ABOUT 23 YEARS, VILLAGE MAJHIGAWAN, P.S.
SOHAGI DISTT. REWA (MADHYA PRADESH)
6. RAM LOCHAN S/O RAMPRATAP TIWARI, AGED
ABOUT 21 YEARS, VILLAGE MAJHIGAWAN, P.S.
SOHAGI DISTT. REWA (MADHYA PRADESH)
.....APPELLANT
(BY SHRI PRAKASH UPADHYAY - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGHJ P.S.
SOHAGI DISTT. REWA (MADHYA PRADESH)
Signature Not Verified
.....RESPONDENTS
SAN
(BY SHRI P.K. CHOUBEY - GOVERNMENT ADVOCATE)
Digitally signed by AMITABH RANJAN
Date: 2023.03.21 13:46:25 IST
T h is appeal coming on for order this day, t h e cou rt passed the
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following:
ORDER
With consent of learned counsel for the parties, the matter is heard
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 26.09.2006 in S.T. No. 246/2004 whereby learned trial Court
convicted the appellants for the offence punishable under Section 147 of the
Indian Penal Code and sentenced to undergo R.I. for one year and Section
323/149 of the Indian Penal Code and sentenced to undergo R.I. one years
each, respectively.
As per the prosecution case, on 09.08.2004 appellants have assaulted the
complainant with lathi because of which he has sustained injuries.
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 17
years.
On the other hand, learned Government Advocate for the State opposes
the prayer of appellants' counsel.
O n perusal of record, it appears that appellants No.1- Ramjiyawan,
appellant No.2 Ramsurat and appellant No.3 Ramsiya were remained in jail from
09.08.2004 to 28.09.2004 i.e. they have already undergone the jail sentence for a
period of 19 days. Appellant No. 4 Rambahor, appellant No.5 Rama Tiwari and
Signature Not Verified
SAN
appellant No.6 Ramlochan were remained in judicial custody since 23.09.2004
Digitally signed by AMITABH RANJAN
Date: 2023.03.21 13:46:25 IST to 28.09.2004 therefore, they have undergone for a period of 05 days.
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 147 and 323/149 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 the appellants be reduced to the period
already undergone by them subject by imposing a fine amount of Rs.5000/- for
commission of offences punishable under Section 147 of IPC and Rs.1000/-
for commission of offence punishable under Section 323/149 of IPC to 'each'.
The interest of justice would be served if part of fine amount is directed
to be paid as compensation to the complainant 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 the complainant.
The Criminal Appeal stands disposed of, accordingly.
The appellants are on bail, their bail bonds shall remain discharged
subject to deposit of fine amount within a period of 02 months from today,
failingwhich they have to undergo the remaining part of jail sentence as awarded
by learned Sessions Judge in S.t. No. 246/2004.
Let record of the trial Court be sent back along with a copy of this order
for information and necessary action.
Pending I.As, if any, shall also disposed off.
Certified copy, as per rules.
Signature Not Verified
SAN
(RAJENDRA KUMAR (VERMA))
Digitally signed by AMITABH RANJAN
Date: 2023.03.21 13:46:25 IST
JUDGE
Amitabh
Signature Not Verified
SAN
Digitally signed by AMITABH RANJAN
Date: 2023.03.21 13:46:25 IST
