Khalka @ Khalak Singh vs State Of M.P.
2023 Latest Caselaw 7439 MP

                               1

     IN THE HIGH COURT OF MADHYA PRADESH
                  AT GWALIOR
                           BEFORE
     HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                   ON THE 8th OF MAY, 2023

              CRIMINAL APPEAL NO.576 OF 2011

     BETWEEN:-

1.   KHALKA @      KHALAK    SINGH   S/O
     CHUKHAR SINGH JATAV, AGED ABOUT 68
     YEARS, OCCUPATION: KHETI R/O GRAM
     DAMRON    KALA    POLICE   STATION-
     DINARA, DISTRICT- SHIVPURI (MADHYA
     PRADESH)

2.   JASWANT S/O KHALAK SINGH, AGED
     ABOUT 24 YEARS, R/O GRAM DAMRON
     KALA    POLICE    STATION-  DINARA,
     DISTRICT- SHIVPURI (MADHYA PRADESH)

3.   SANTOSH S/O KARAN SINGH, AGED
     ABOUT 22 YEARS, R/O GRAM DAMRON
     KALA    POLICE    STATION-  DINARA,
     DISTRICT- SHIVPURI (MADHYA PRADESH)
                                               ........APPELLANTS

     (BY SHRI R.K. DUBEY- ADVOCATE)

     AND

     STATE OF M.P. THROUGH POLICE
     STATION- DINARA, DISTRICT- SHIVPURI
     (MADHYA PRADESH)

                                             ........RESPONDENT
     (BY PRAMOD PACHAURI- PUBLIC PROSECUTOR)
                                            2

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       This appeal coming on for orders this day, the Court passed the
following:
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                                       ORDER

This appeal has been filed by the appellants under Section 374 (2) of Cr.P.C. against the judgment of conviction and sentence dated 05/07/2011 passed by Additional Session Session Judge, Karera, District- Shivpuri (M.P.) in S.T. No.95/2010, whereby the appellants have been convicted and sentenced as under:-

     Appellant            Section         Sentence             Fine         Default
                                                              (Rs.)      Stipulation
 Khalka @ Khalak 323 of IPC              6 Months RI          500/-      1 Month RI
      Singh
   Jaswant Singh       325 of IPC         2 Years RI         1000/-      3 Months RI
   Santosh Singh       323 of IPC        6 Months RI          500/-      1 Month RI

Prosecution story, in short, is that on 17/11/2009 at about 4-5 PM, complainant alongwith his wife and daughter-in-law were working in the field, at that time, appellant No.1 came there and said that he ploughed his field. When the complainant objected the same, appellants started abusing him. When he stopped them not to abuse, appellants assaulted him and his wife by means of Axe, due to which, they received injuries. Thereafter, they ran away from the spot threatening them to dire consequences. On the basis of aforesaid, FIR was registered against the appellants.

Learned counsel for the appellants submits that incident is of the year 2009 and more than 13 years have lapsed. Appellants have never

served in custody for a single day. The fine amount has already been deposited by them. As far as the sentence of the appellants for the aforesaid offences is concerned, it is submitted by counsel for the appellants that by enhancing the fine amount suitably under Sections 323 & 325 of IPC, the substantive jail sentence awarded to the appellants may be reduced to the period already undergone by them.

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.

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 for the offence under Section 323 of IPC, the fine amount is enhanced from Rs.500/- to Rs.1000/- each and for the offence under Section 325 of IPC, the fine amount is enhanced from Rs.1000/- to Rs.15,000/- each. Accordingly, while affirming the conviction of the appellants for the aforesaid offence, jail sentence of the appellants is reduced to the period already undergone by them but fine amount is enhanced as indicated above to be deposited by them which shall be payable to the injured persons on adjustment of fine amount as already deposited by them before the trial Court within a period of two months from today, failing which the appellants will have to suffer further one month and three months imprisonment as awarded by the Court below. The amount of fine so deposited by the appellants be given to the complainant/injured/victim as directed above under Section 357 of Cr.P.C

on due verification of identity of them.

In view of the above, this appeal is finally disposed of.

(DEEPAK KUMAR AGARWAL) JUDGE Digitally signed by RAHUL SINGH PARIHAR

RAHUL SINGH DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH

rahul GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab676d0c

PARIHAR de4dee473fe77953f5, pseudonym=68E0B84BAE73376CD071289B3D9FE728CE00D487, serialNumber=0275C4F803F94C47998BE5C534E21BDED910FD4A B9D159B55575E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2023.05.09 12:16:59 +05'30'