Dippu @ Deepchand vs The State Of M.P.
2023 Latest Caselaw 4693 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. 923 of 2003

                           BETWEEN:-
                           DIPPU @ DEEPCHAND S/O LEELADHAR CHHIPA AGED
                           ABOUT 45 YEARS R/O KORI MOHALLA, PIPARIA,
                           POLICE STATION PIPARIYA, DISTT HOSHANGABAD
                           (MADHYA PRADESH)

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

                           AND
                           THE STATE OF M.P. THROGH POLICE STATION
                           PIPARIYA, DISTT 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 Additional Session Judge, Sohagpur, Distt Hoshangabad in S.T. No.20/96 whereby the appellant has 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/- with default stipulations.

2. As per the prosecution story, on 29.06.1995 the appellant alongwith

Signature Not Verified other accused persons assaulted the complainant Kodulal (PW-4)and others, Signed by: VIBHA PACHORI Signing time: 3/31/2023 5:19:45 PM

and on the basis of report given by Dharamdas (PW-1), FIR was lodged against the appellant 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 appellant/accused person abjured his guilt and took a plea that they are innocent but could not produce any evidence in his defence.

4. The appellant was 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 appellant, as stated above.

5. At the very outset, learned counsel for the appellant submits that he is not challenging the finding of conviction recorded by the trial court and his only prayer is that appellant 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 if the jail sentence of the appellant is reduced to the period already undergone by him 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 appellant have been facing criminal proceedings since last 20 years. Appellant has already 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 Signature Not Verified Signed by: VIBHA PACHORI Signing time: 3/31/2023 5:19:45 PM

sentence of the appellant under Section 325/34 of the IPC to the period already undergone by him by enhancing the fine amount of Rs.2000/- to Rs.25,000/- and out of this enhanced amount, Rs.20,000/- shall be paid to the injured - Kodulal(PW-4) as compensation.

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

9. Accordingly the appeal is partly allowed. 1 0 . The appellant is on bail, his 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.

(RAJENDRA KUMAR (VERMA)) JUDGE vibha

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