Rakesh vs The State Of M.P,
2023 Latest Caselaw 7356 MP

                                                      1
                 IN         THE      HIGH COURT OF MADHYA PRADESH
                                           AT GWALIOR
                                              BEFORE
                           HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                            ON THE 4 th OF MAY, 2023
                                       CRIMINAL APPEAL No. 681 of 2005

               BETWEEN:-
               1.          RAKESH S/O RAMGOPAL, AGED ABOUT 26 YEARS,
                           OCCUPATION: LABOUR R/O SHAMSHABAD DISTT.
                           VIDISHA (MADHYA PRADESH)

               2.          NARAYAN S/O RAMGOPAL, AGED ABOUT 34
                           YE A R S , R/O SHAMSHABAD DISTT. VIDISHA
                           (MADHYA PRADESH)

                                                                                 .....APPELLANTS
               (BY SHRI D.S.TOMAR- ADVOCATE)

               AND
               THE STATE OF M.P, THROUGH PS SHAMSHABAD DISTT.
               VIDISHA (MADHYA PRADESH)

                                                                                .....RESPONDENT
               (BY SHRI R.S.YADAV- PUBLIC PROSECUTOR FOR THE STATE )

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

This appeal has been filed by the appellants against the judgment dated 7th October, 2005 passed by the Additional Sessions Judge, Ganj Basoda, Distt. Vidisha, in S.T.No.136/2004, whereby appellant Rakesh has been convicted under Section 307 of IPC and appellant Narayan under Section 307/34 of IPC and they have been sentenced to undergo 7 years RI with fine of Signature Not Verified Rs.2,000/- each.

Signed by: MADHU SOODAN PRASAD Signing time: 04-05-2023 06:18:10 PM Learned counsel for the appellants/accused submitted that he does not

want to challenge the conviction of the appellants for the aforesaid offence. As regards sentence, it is submitted by learned counsel for the appellants that incident took place on 12.3.2004 and appellants have been facing agony of trial for the last 19 years. Appellant No.1 has already suffered incarceration of about 2 years and appellant No.2 has already suffered incarceration of more than 1 year. Amount of fine has been deposited by them. Therefore, while enhancing the fine amount suitably, sentence of the appellants be reduced to the period already undergone by them.

Learned counsel for the State supported the impugned judgment. Heard learned counsel for the parties and perused the impugned

judgment.

Looking to the facts and circumstances of the case, ends of justice would meet if while reducing the jail sentence of the appellants to the period already undergone by them, the fine is enhanced to Rs.50,000/- under Section 307 or 307/34 of IPC. Accordingly, while affirming the conviction of the appellants under Section 307 or 307/34 of IPC, jail sentence of the appellants is reduced to the period already undergone by them and fine amount is enhanced to Rs.50,000/- each which shall be deposited by them within a period of two months from today, failing which the appellants will have to suffer the sentence as awarded by the Courts below. The amount of fine so deposited by the appellants be given to the heirs of the deceased under Section 357 of Cr.P.C. as compensation.

With the aforesaid, the appeal stands disposed of.

Signature Not Verified
Signed by: MADHU
SOODAN PRASAD
Signing time: 04-05-2023
06:18:10 PM                                                       (DEEPAK KUMAR AGARWAL)
                                                                           JUDGE

               ms/-




Signature Not Verified
Signed by: MADHU
SOODAN PRASAD
Signing time: 04-05-2023
06:18:10 PM