Ratiram @ Ratiya @ Bhura vs The State Of M.P.
2023 Latest Caselaw 5255 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. 2041 of 2001

                          BETWEEN:-
                          RATIRAM @ RATIYA @ BHURA (MADHYA PRADESH)

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

                          AND
                          THE STATE OF M.P. (MADHYA PRADESH)

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

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

With the consent of the parties, the appeal is heard finally. 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 III ASJ, Sagar in dated 24.11.2001 passed in ST No.165/2001 whereby the appellant was convicted under Section 325 of the IPC and sentenced to undergo RI for 2 year and fine of Rs. 100/- and under Section 323 of the IPC and sentenced to undergo RI for 6 months with default stipulations.

2. A s per prosecution case, on 12.01.2001 when the complainant Komal Ahirwar was in the hut, the present applicant came in the house of the

Signature Not Verified Signed by: DEVESH K SHRIVASTAVA Signing time: 3/31/2023 11:13:16 AM

complainant and said that food be prepared, It is further alleged that after taking food, when the villagers surrounded the present applicant beat him by lathi and butt of a gun. Thereafter when Sukhram tried to save the complainant, the accused hit him by country made Katta which resultantly caused injury to Sukhram.

3. The learned trial Court below after recording the statement of prosecution witnesses come to the conclusion that the appellant is guilty for the alleged offences and accordingly convicted and sentenced him as above.

4. Learned counsel for the appellants submits that the incident had taken place on 12.01.2001 and no purpose would be served by sending the appellant

jail after a lapse of about 22 years. It is further submitted that the fine amount may be increased in lieu of conviction. It is further submitted that appellant has already undergone jail sentence for more than 4 months and 14 days of his total awarded sentence.

5. Learned counsel for the State has no objection to the same.

7. Considering the aforesaid submissions, while maintaining the conviction under Section 323 & 325 of the IPC, the jail sentence is reduced to the period already undergone by the appellant and fine amount awarded under Section 325 of the IPC is enhanced from Rs.100/- to Rs.25,000/- out of which Rs. 5000/- each shall be paid to the injured namely Sukhram, Komal, Bhagwandas and Prakash.

8. The appellant is directed to deposit the enhanced fine amount within a period of 60 days from today, failing which, they have to undergo the sentence awarded by the trial court. The appellant is on bail, their bail bond shall remain discharged subject to deposit of enhanced fine amount within stipulated period.

9. Let record of the trial Court be sent back along with a copy of this order Signature Not Verified Signed by: DEVESH K SHRIVASTAVA Signing time: 3/31/2023 11:13:16 AM

for information and necessary action.

Pending I.A., if any, stands closed.

Certified copy, as per rules.

With the aforesaid modification in the sentence, the appeal is disposed off.

(RAJENDRA KUMAR (VERMA)) JUDGE DevS

Signature Not Verified Signed by: DEVESH K SHRIVASTAVA Signing time: 3/31/2023 11:13:16 AM