Jaikaran vs The State Of M.P.
2023 Latest Caselaw 5254 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. 387 of 1999

                          BETWEEN:-
                          JAIKARAN, AGED ABOUT 30 YEARS, S/O CHHOTELAL
                          GUPTA, R/O VILLAGE: DAGA, P.S. RAMNAGAR, TEHSIL :
                          AMARPATAN, DISTT. SATNA (MADHYA PRADESH)

                                                                                         .....APPELLANT
                          (BY SHRI SHARAD VERMA - ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH THROUGH POLICE
                          STATION RAMNAGAR, DISTRICT SATNA (MADHYA
                          PRADESH)

                                                                                       .....RESPONDENT
                          (BY SHRI C.M. TIWARI - GOVERNMENT ADVOCATE)

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

This criminal appeal is preferred under Section 374(2) of Cr.P.C. by the

appellant being aggrieved by the judgment dated 01.02.1999 passed by Additional Sessions Judge, Maihar, District Satna in S.T. No.76/97 whereby the appellant has been convicted for the offence punishable under Section 498-A of IPC and sentenced to undergo R.I. for 02 year with fine of Rs.1,000/- also with default stipulation.

A s per the prosecution story, on 21.09.1995 when deceased Tersibai preparing food, she caught fire and found burn injuries and after more than a

Signature Not Verified year she died, as a result of which, merg was registered. Signed by: KAFEEL AHMED ANSARI Signing time: 3/31/2023 10:12:02 AM

T he prosecution has examined total 08 witnesses namely; Ghanshyam Prasad Garg/Constable (PW-1), Mohanlal (PW-2), Jagdish Prasad (PW-3), Rambahor (PW-4), Baijnath (PW-5), Dr. K.Singh (PW-6), Chhedilal (PW-7) and B.D. Pandey/T.I. (PW-8). Though the appellant/accused abjured his guilt and he took a plea that he is innocent.

In defence, the appellant has examined the witnesses namely; Vishvanath Tiwari (DW-1), Kedarnath Chaturvedi (DW-2) and Dr. Pradeep Kumar (DW-3).

The appellant was tried and charged under Section 498-A of IPC. The learned trial Court, after considering the evidence and material available on record has convicted the appellant, as stated above.

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 the appellant has already suffered the jail sentence of about 01 month and 03 days. It is pertinent to note that this appeal is of the year 1999 and after about 23 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.

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

On perusal of record, it reveals that appellant has been facing criminal proceedings since last 26 years. Appellant has already suffered the jail sentence of about 01 month and 03 days. It is pertinent to note that this appeal is of the year 1999 and after about 23 years, it would be appropriate to reduce the jail sentence of the appellant under Section 498-A of the IPC to the period already Signature Not Verified Signed by: KAFEEL AHMED ANSARI Signing time: 3/31/2023 10:12:02 AM

undergone by enhancing the fine amount from Rs.1,000/- to Rs.25,000/-.

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 sentence awarded by the trial court.

Accordingly, the appeal is partly allowed. The appellant is in jail. He be set at liberty forthwith if not required in any other case in jail.

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

Appeal is finally disposed off.

Pending I.As., if any, shall also stands disposed off. Office is directed to comply with the order immediately. Certified copy, as per rules.

(RAJENDRA KUMAR (VERMA)) JUDGE kafeel

Signature Not Verified Signed by: KAFEEL AHMED ANSARI Signing time: 3/31/2023 10:12:02 AM