Babu @ Narayan & Ors. vs The State Of M.P.
2023 Latest Caselaw 4658 MP

                                                              1
                            IN    THE       HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                    BEFORE
                                 HON'BLE SHRI JUSTICE RAJENDRA KUMAR (VERMA)
                                                ON THE 27 th OF MARCH, 2023
                                             CRIMINAL APPEAL No. 838 of 2003

                           BETWEEN:-
                           1.    BABU @ NARAYAN CHHIPA S/O LILADHAR
                                 CHHIPA AGED 32 YEARS R/O KORI MAHALLA
                                 PIPARIYA, P.S. PIPARIYA, DISTT. HOSHANGABAD,
                                 M.P. (MADHYA PRADESH)

                           2.    PHULLU @ PHOOLCHAND S/O LILADHAR CHHIPA,
                                 AGED ABOUT 37 YEARS, R/O KORI MAHALLA
                                 PIPARIYA, P.S. PIPARIYA, DISTT. HOSHANGABAD,
                                 M.P. (MADHYA PRADESH)

                           3.    BALLAN S/O LILADHAR CHHIPA, AGED ABOUT 25
                                 YEARS,   R/O KORI MOHALLA PIPARIYA, P.S.
                                 PIPARIYA, DISTT. HOSHANGABAD (MADHYA
                                 PRADESH)

                                                                                            .....APPELLANT
                           (BY SHRI SIDDHARTH DATT)

                           AND
                           THE STATE OF M.P. THROUGH POLICE STATION
                           PIPARTIYA, HOSHANGABAD (MADHYA PRADESH)

                                                                                         .....RESPONDENTS
                           (BY SHRI AMIT PANDEY - GOVT ADVOCATE)

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

With the consent of parties, the instant Criminal Appeal is heard finally.

1. This criminal appeal is preferred under section 374(2) of Cr.P.C. by the appellant being aggrieved by the judgment dated 16.05.2003 passed by

Signature Not Verified Additional Session Judge, Sohagpur, Distt Hoshangabad in S.T. No.20/96 Signed by: VIBHA PACHORI Signing time: 3/31/2023 5:19:45 PM

whereby the appellants have convicted for the offence punishable under Section 325/34 of IPC and sentenced to undergo R.I. for 03 years and fine of Rs.2000/- to each with default stipulations.

2. A s per the prosecution story, on 29.06.1995 the appellants have assaulted the complainant Kodulal (PW-4) and on the basis of report given by Dharamdas (PW-1), FIR was lodged against the appellants and other accused persons.

3. The prosecution has examined total witnesses namely; Dharmdas (PW-1), Benibai (PW-2), Samiyabai (PW-3), Kodulal (PW-4), Narmadaprasad (PW-5), Jasvant (PW-6), BainiPrasad (PW-7) L.D. Vaishnav (PW-8),

Dr.S.K.Verma (PW-9) and K.B.Shrivastava (PW-10). Though the appellants/accused persons abjured their guilt and took a plea that they are innocent but could not produce any evidence in their defence.

4. The appellants were tried and charged under Sections 325/34 of IPC. The learned trial Court, after considering the evidence and material available on record has convicted the appellants, as stated above.

5. At the very outset, learned counsel for the appellants submits that he is not challenging the finding of conviction recorded by the trial court and his only prayer is that appellant No.1 [email protected] has already suffered the jail sentence from 23.11.1995 to 08.12.1995, appellant No.2 Phullu @ Phoolchand has suffered the jail sentence from 12.09.1995 to 14.11.1995 and appellant No. 3 Ballan has suffered jail sentence from 12.09.1995 to 14.11.1995. It is pertinent to note that this appeal is of the year 2003 and after about 20 years, it would be appropriate to reduce the sentence to the period already undergone, looking to the fact and circumstances of the case. Thus, the ends of justice would be met Signature Not Verified Signed by: VIBHA PACHORI Signing time: 3/31/2023 5:19:45 PM

if the jail sentence of the appellants is reduced to the period already undergone by them by enhancing the fine amount.

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

7. On perusal of record, it reveals that appellants have been facing criminal proceedings since last 20 years. Appellant No.1 [email protected] has already suffered the jail sentence from 23.11.1995 to 08.12.1995, appellant No.2 Phullu @ Phoolchand has suffered the jail sentence from 12.09.1995 to 14.11.1995 and appellant No. 3 Ballan has suffered jail sentence from 12.09.1995 to 14.11.1995. It is pertinent to note that this appeal is of the year 2003 and after about 20 years it would be appropriate to reduce the jail sentence of the appellants under Section 325/34 of the IPC to the period already undergone by them by enhancing the fine amount of Rs.2000/- to Rs.25,000/- each and out of this enhanced amount Rs.20,000/- shall be paid to the injured - Kodulal(PW-4) as compensation.

8. The appellants are directed to deposit the fine/compensation amount within a period of 60 days from today, failing which, they have to undergo the remaining jail sentence awarded by the trial court.

9. Accordingly the appeal is partly allowed.

10. The appellants are on bail, their bail bonds shall remain discharged

subject to deposit of enhanced fine amount within stipulated period.

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

12. Appeal is finally disposed off.

13. Pending I.As if any, shall also stands disposed off. Certified copy as per rules.

Signature Not Verified Signed by: VIBHA PACHORI Signing time: 3/31/2023 5:19:45 PM

(RAJENDRA KUMAR (VERMA)) JUDGE vibha

Signature Not Verified Signed by: VIBHA PACHORI Signing time: 3/31/2023 5:19:45 PM