Edal Singh Gurjar vs The State Of Madhya Pradesh
2023 Latest Caselaw 5270 MP

                                                            1
                           IN      THE      HIGH COURT OF MADHYA PRADESH
                                                  AT GWALIOR
                                                     BEFORE
                                  HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                                ON THE 29 th OF MARCH, 2023
                                            CRIMINAL APPEAL No. 4382 of 2023

                          BETWEEN:-
                          EDAL SINGH GURJAR S/O LATE SHRI JANDEL SINGH,
                          AGED ABOUT 28 YEARS, OCCUPATION: MAJDURI R/O
                          GUDI PAHADIYA GUDI GUDA KA NAKA KAMPOO
                          LASHKAR DISTRICT GWALIOR (MADHYA PRADESH)

                                                                                         .....APPELLANT
                          (NONE FOR THE APPELLANT)

                          AND
                          THE STATE OF MADHYA PRADESH THROUGH POLICE
                          STATION KAMPOO DISTRICT GWALIOR (MADHYA
                          PRADESH)

                                                                                       .....RESPONDENT
                          (BY SHRI V.P.S. TOMAR - PANEL LAWYER)

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

This appeal has been filed by the appellant under Section 374 of Cr.P.C.

being aggrieved by the judgment dated 20.03.2023 passed by the Xth Additional Sessions Judge, District Gwalior in Special S.T.No.552/2017, whereby appellant has been convicted under Section 25(1-B)(A) and sentenced to undergo three years' RI with fine of Rs.5,000/- with default stipulation by the trial Court.

Brief facts of the case are that on 23.08.2017 at about 5 pm, appellant came in front of the house of complainant Pankaj and started abusing him with Signature Not Verified Signed by: ADNAN HUSAIN ANSARI Signing time: 3/29/2023 4:02:41 AM

filthy languages. When he objected him, appellant fired at him but bullet could not hit him. Thereafter, appellant threatened him with dire consequences. Complainant lodged an FIR bearing Crime No.401/2017 for the offence punishable under Sections 294, 506 and 308 of IPC and enhanced Sections 307 of IPC and Section 25/27 of Arms Act was registered against the appellant. After trial, appellant was acquitted from firing and threatening the complainant with dire consequences. Appellant was acquitted during trial within four months from the judgment till today.

Learned counsel for the appellant submits that incident is of the year 2017 and about 6 years have lapsed. Learned counsel for the appellant confined his

argument only to the point of sentence and prays that the sentence awarded to him be modified to the extent of the period already undergone by him would be sufficient to meet the ends of justice.

Learned counsel for the respondent/State while opposing the appeal has submitted that the learned Court below arrived on the appropriate finding and rightly passed the impugned judgment of conviction and sentence.

It is true that minimum sentence of one year has been prescribed under Section 25(1-B)(A) and there is proviso by which assigning reasons Court can reduce the minimum sentence. In the present case, appellant is aged 28 years and incident took place in the year 2017, 6 years has been passed. Appellant is acquitted from the offence punishable under Sections 294, 506, 308 and 307 of IPC and Section 25/27 of Arms Act.

Looking to the facts and circumstances of the case, ends of justice would meet if while reducing the jail sentence of the appellant to the period already undergone by him. Accordingly, while affirming the conviction of the appellant Section 25(1-B)(A) of IPC, jail sentence of the appellant is reduced to Signature Not Verified Signed by: ADNAN HUSAIN ANSARI Signing time: 3/29/2023 4:02:41 AM

the period already undergone by him.

Accordingly, criminal appeal is partly allowed. While maintaining the appellant's conviction for offence under Section 25(1-B)(A) of IPC, the sentence awarded to him is hereby reduced to the period already undergone by him. His bail bonds and surety bonds stand discharged.

A copy of this judgment along with the record of the trial Court be sent back forthwith In view of the above, this appeal is finally disposed of. Certified copy as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE Adnan

Signature Not Verified Signed by: ADNAN HUSAIN ANSARI Signing time: 3/29/2023 4:02:41 AM