Kaluram And Anr. vs The State Of M.P.
2023 Latest Caselaw 4694 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. 1356 of 2003

                           BETWEEN:-
                           1.    KALURAM S/O RADHA KISHAN KUSHWAHA AGED
                                 35 YEARS R/O VILLAGE KALARA PS GUNGA
                                 BERASIA, DISTT BHOPAL (MADHYA PRADESH)

                           2.    DHEERAJ S/O JAIRAM KUSHWAH, AGED ABOUT
                                 25 YEARS, R/O VILLAGE KALARA PS GUNGA
                                 BERASIA, DISTT BHOPAL (MADHYA PRADESH)

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

                           AND
                           THE STATE OF M.P. THROUGH POLICE STATION
                           GUNGA, BERASIA DISTT BHOPAL (MADHYA PRADESH)

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

                                 Th is appeal coming on for direction this day, th e court passed the
                           following:
                                                          JUDGMENT

This criminal appeal is preferred under section 374 (2) of Cr.P.C. by the appellants being aggrieved by the judgment dated 23.08.2003 passed by Third Additional Sessions Judge, Bhopal in S.T. No.226/2002 whereby the appellants are convicted for the offence punishable under Section 323 of IPC and sentenced to undergo R.I. for 1 years and fine of Rs. 1000/- each with default stipulation.

2. As per prosecution case, the appellants along with co-accused Signature Not Verified Signed by: VIBHA PACHORI Signing time: 3/31/2023 5:19:45 PM

person assaulted the complainants namely; Imrat, Lalkishan and Kishanlal by lathi and farsi due to some petty issue.

3. During investigation, spot map was prepared, articles were seized and thereafter taking the statements of the witnesses in the matter, charge sheet was filed against the appellants.

4. The prosecution has examined total 11 witnesses namely Imrat Singh (PW-1), Kishanlal (PW-2), Lilakishan (PW-3), Santosh (PW-4), Shyamlal (PW-5), Ramnarayan (PW-6), Dr.Om Prakash Patil (PW-7), Virender Singh Chouhan (PW-8), Dr.Vivek Singh (PW-9), Dr. Ashish

Mundra (PW-10) & Vrindavan Sharma (PW-11).

5. In defence, the appellant has not examined any witness.

6. Learned counsel appearing on behalf of appellants 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 8 days. 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 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 appellants is reduced to the period already undergone by them with fine.

7. Learned counsel for the State has justified and supported the conviction and sentence passed by trial Court.

8. I have heard the learned counsel for the parties and gone through the material available on record along with the impugned judgment. It would be in the interest of justice, if the jail sentence of the appellants is Signature Not Verified Signed by: VIBHA PACHORI Signing time: 3/31/2023 5:19:45 PM

reduced to the period already undergone by them by enhancing the fine amount.

9 . Consequently, the appeal is partly allowed. The conviction of the appellants recorded by the trial Court under Section 323 of IPC is hereby affirmed. However, the jail sentence is reduced to the period already undergone by maintaining the fine of Rs.1,000/-. Appellants are directed to pay an amount Rs.10,000/- as compensation to the injured Kishanlal, Lalkishan and Ramnarayan each.

10. The appellants are directed to deposit the compensation amount within a period of 60 days from today, failing which, they have to undergo the sentence awarded by the trial court. The appellants are on bail, their bail bonds shall remain discharged subject to deposit of compensation amount within stipulated period.

11 . The order of the learned trial Court regarding seized property stands confirmed.

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

13. Appeal is finally 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