Bablu @ Rakesh vs The State Of M.P.
2023 Latest Caselaw 4656 MP

                                                                           1
                                        IN      THE       HIGH COURT OF MADHYA PRADESH
                                                               AT JABALPUR
                                                                 BEFORE
                                              HON'BLE SHRI JUSTICE RAJENDRA KUMAR (VERMA)
                                                              ON THE 29 th OF MARCH, 2023
                                                          CRIMINAL APPEAL No. 1751 of 2001

                                       BETWEEN:-
                                       BABLU @ RAKESH, AGED S/O MOTILAL TIWARI ABOUT
                                       20 YEARS, UNEMPLOYED/STUDENT R/O RUNGTA
                                       COLOBY,   H.N.S/113, POLICE STATION AMLAL,
                                       DISTRICT-SHAHDOL (MADHYA PRADESH)

                                                                                                         .....APPELLANT
                                       (BY MS. NALINI GURANG - ADVOCATE )

                                       AND
                                       THE STATE OF M.P. THROUGH P.S. AMLAI, DISTRICT-
                                       SHAHDOL (MADHYA PRADESH)

                                                                                                       .....RESPONDENT
                                       (BY SHRI C.M. TIWARI           - GOVERNMENT ADVOCATE              FOR    THE
                                       RESPONDENT/STATE)

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

This appeal has been filed under Section 374(2) of the Code of 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, (ST/SC) District- Shahdol dated 08.10.2021 passed in Sessions Trail No.278/2000 whereby the appellant were convicted under Section 325 of IPC and sentenced to undergo R.I. for one year with fine of Rs.1,000/- and in Signature Not Verified SAN default of payment of fine amount further R.I. for 02 months

2. Prosecution story in brief is that on 10.07.1999 at about 5:00 PM, at village Digitally signed by VAISHALI AGRAWAL Date: 2023.03.31 18:00:44 IST

Rungta, Nai Daphai colony, Amlai, the incident was occurred due to loud sound of the speaker/radio which was made by the appellant and when complainant asked him to slow the sound of the speaker as he was on night duty, the appellant could not understand the language of complainant and he rushed to assault the complainant with iron rod. As a result, complainant got injured, he fell down on the ground and become unconscious.

3. The prosecution has examined total 14 witnesses namely; Gangu Singh Gond (PW-1), Battu Bai (PW-2), Arjun Singh (PW-3), Manoj Kumar (PW-4), Bhikham Singh (PW-5), Ramdutt (PW-6), Balram Prasad Mishra (PW-7), Dr. B.N. Sharma (PW-8), Dr. Vinay Kumar (PW-9) R.D. Pandey (PW-10) D.S.

Dwivedi (PW-11) Laxman (PW-12) Dr. S. Golash (PW-13) M.P. Singh Chouhan (PW-14).

4. The appellant/accused abjured their guilt and took a plea that he is innocent.

5. The appellant 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 appellant, as stated above.

6. 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 appellants have already suffered the jail sentence of about 30 days. It is further prays for reduction of the jail sentence of the appellant to the period already undergone or as the Court may deem fit.

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

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

Signature Not Verified SAN

9. On perusal of record, it reveals that appellant has been facing criminal Digitally signed by VAISHALI AGRAWAL Date: 2023.03.31 18:00:44 IST

proceedings since last 22 years. Appellant has suffered the jail sentence of 30

days. It is pertinent to note that this appeal is of the year 2001 and after about 22 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.1,000/- to Rs.20,000/-.

10. The appellant is directed to deposit the enhanced fine amount within a period of 60 days from today, failing which, he has to undergo the actual jail sentence awarded by the trial court.

11. Accordingly the appeal is partly allowed.

12. The learned trial Court is directed to pay Rs.15,000/- (Rs. Fifteen Thousand) to the injured Gangu Gond out of the total amount, if deposited by the appellant.

13. The appellant is on bail, his bail bonds shall remain discharged subject to deposit of imposed fine amount within stipulated period.

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

Certified copy, as per rules.

(RAJENDRA KUMAR (VERMA)) JUDGE vai

Signature Not Verified SAN

Digitally signed by VAISHALI AGRAWAL Date: 2023.03.31 18:00:44 IST