Ashok vs The State Of M.P.
2023 Latest Caselaw 7500 MP

                                                            1
                           IN     THE      HIGH COURT OF MADHYA PRADESH
                                                 AT GWALIOR
                                                    BEFORE
                                 HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                                 ON THE 10 th OF MAY, 2023
                                             CRIMINAL APPEAL No. 170 of 2005

                          BETWEEN:-
                          ASHOK S/O JAGNNATH SAKHAWR, AGED ABOUT 27
                          YEARS, BHUMIYA ROAD AMBAH (MADHYA PRADESH)

                                                                                        .....APPELLANT
                          (SHRI SHYAM KISHORE MISHRA- ADVOCATE)

                          AND
                          THE STATE OF M.P. INCHARGE P.S.AMBAH (MADHYA
                          PRADESH)

                                                                                     .....RESPONDENTS
                          (SHRI R.S. YADAV- PUBLIC PROSECUTOR)

                                This appeal coming on for final hearing this day, the court passed the
                          following:
                                                             ORDER

Instant Criminal Appeal under Section 374 (2) of CrPC has been preferred by appellant against the judgment of conviction and order of sentence

dated 05.01.2005 passed by Third Additional Sessions Judge Morena in Sessions Trial No.255 of 2003, whereby trial Court convicted the appellants under Section 307 of IPC sentenced to undergo five years R.I. with fine of Rs.500/-, Section 323 of IPC and sentenced to undergo six months R.I. with fine of Rs.200/-, under Section 25 (1-B) (A) of Arms Act and sentenced to undergo one year R.I. with fine of Rs.200/- and under Section 27 of Arms Act and sentenced to undergo three years R.I. with fine of Rs.500/ with default

Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 10-May-23 5:28:48 PM

stipulation.

In brief case of the prosecution is that on 17.02.2023 in the evening at 9 pm injured Jagdish had gone to demand money at the house of appellant Lakhane. Appellant Ashok and Rakesh also came there. They caughthold of Jagdish and took him outside the house and pushe her mouth on a wall due to which he sustained injuries. Anyhow complainant escaped and fled away from the spot. From some distance he listened the sound of firing. He reached Police Station. Ramveer, Ramswaroop and Pyare brought his mother. Her mother told that Ashok with intention to kill her fired on her. Bullet hit on her left hand elbow and waist. Crime No.256/2003 for the offence punishable under Section

307/34 of IPC was registered. She was sent for medical treatment. Two gunshot injuries were found on her body.

Learned counsel for the appellant submits that the appellant had no intention to attack on the mother of the complainant. She came all of a sudden at the place of incident. Learned counsel for the appellant does not challenge the finding of conviction but since the occurrence has taken place as back as in the year 2003 and appellant had served in custody for more than one year and six months and more than 19 years have passed in the date of incident, therefore, it is prayed that by imposing a suitable fine amount, the jail sentence awarded to the appellant may be reduced to the period already undergone by him.

On the other hand, learned Counsel for State as well as complainant has opposed the submissions made by the counsel for the appellant and submitted that there is neither any occasion to interfere with the sentence awarded by the trial Court to appellant nor any compassion or sympathy is called for.

Heard learned counsel for the parties and perused the judgment passed by the Court below as well as record of the case. Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 10-May-23 5:28:48 PM

It is not disputed that the occurrence relates to year 2003 and the appellant has so far served a period of more than one year and six months in custody out of total jail sentence awarded by trial Court and so also, suffered t h e agony and trauma of protracted trial. Thus, looking to over-all circumstances and the fact that the offence in question was committed nearly 22 years back, it will be just and proper that if by imposing a fine amount of Rs.25,000/- on the appellant under Section 307 of IPC and for the offence under Section 27 of Arms Act, the remaining jail sentence of the appellant is reduced to the period already undergone by him.

Accordingly, criminal appeal is partly allowed. While maintaining appellant's conviction for offence under Section 323, 307 of IPC and 25 (1-B) (A) and 27 of Arms Act, the remaining jail sentence awarded to appellant is hereby reduced to the period already undergone by him with imposition of fine of Rs.25,000/- on the appellant under Section 307 of IPC and 27 of Arms Act. The appellant is directed to deposit amount of Rs.25,000/- before the trial Court within a period of two months which shall be payable to the complainant as compensation failing which the appellant shall suffer the sentenced awarded by the court below. The appellant is on bail, therefore, his bail bonds and surety bonds stand discharged.

A copy of this judgment along with record of the trial Court be sent back

forthwith.

(DEEPAK KUMAR AGARWAL) JUDGE ojha

Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 10-May-23 5:28:48 PM