Lakhan Singh vs The State Of Madhya Pradesh Thr
2023 Latest Caselaw 7520 MP

                                                          1
                           IN    THE      HIGH COURT OF MADHYA PRADESH
                                                AT GWALIOR
                                                   BEFORE
                                HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                                ON THE 11 th OF MAY, 2023
                                           CRIMINAL APPEAL No. 394 of 2004

                          BETWEEN:-
                          1.    LAKHAN SINGH S/O SHRI RAM SINGH, AGED
                                ABOUT 21 YEARS, OCCUPATION: AGRICULTURIST
                                VILLAGE MOHANPUR P.S. JAMNER DIT. GUNA
                                (MADHYA PRADESH)

                          2.    JIWAN @ RAMJIWAN (DELETED AS PER C.O. DT.
                                27/03/2008) S/O SHRI JAMNALAL, AGED ABOUT 18
                                Y E A R S , OCCUPATION:   STUDENT    VILLAGE
                                MOHANPUR P.S. JAMNER DIST. GUNA (MADHYA
                                PRADESH)

                          3.    GUDDA @ KAMAL SINGH S/O SHRI PHOOL SINGH,
                                AGED ABOUT 18 YEARS, OCCUPATION: STUDENT
                                DHOPREL POLICE STATION JAMNER DIST. GUNA
                                (MADHYA PRADESH)

                          4.    HARINANDAN S/O SHRI RAM SINGH, AGED
                                ABOUT 23 YEARS, OCCUPATION: LABOURER
                                VILLAGE MOHANPUR P.S. JAMNER DIST. GUNA
                                (MADHYA PRADESH)

                                                                                      .....APPELLANT
                          (BY SHRI B.S. GOUR- ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH THR INCHARGE
                          POLICE STATION P.S. JAMNER DIST. GUNA (MADHYA
                          PRADESH)

                                                                                   .....RESPONDENTS
                          (BY SHRI PRAMOD PACHORI- PUBLIC PROSECUTOR )

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

Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 5/11/2023 6:28:36 PM

Instant Criminal Appeal under Section 374 of CrPC has been preferred b y appellants against the judgment of conviction and order of sentence dated 07.05.2004 passed by First Additional Sessions Judge Guna in Sessions Trial No.61 of 2003, whereby trial Court convicted the appellants under Section 148 of IPC sentenced to undergo one year R.I. and under Section 304-I/149 of IPC and sentenced to undergo ten years' R.I. with fine of Rs.1000/- each with default stipulation.

Learned counsel for the appellants does not challenge the finding of conviction but since the occurrence has taken place as back as in the year 2003 and appellant No.1- Lakhan has served in custody for about three and a half

years and appellant No.2-Rakesh has served in custody for about four and a half years and appellant No.3-Harinandan has served in custody for about five years and three months and more than 19 years have passed since the date of incident, therefore, it is prayed that by imposing a suitable fine amount, the jail sentence awarded to the appellants may be reduced to the period already undergone by them.

On the other hand, learned Counsel for State as well as complainant has opposed the submissions made by the counsel for the appellants and submitted that there is neither any occasion to interfere with the sentence awarded by the trial Court to appellants 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.

It is not disputed that the occurrence relates to year 2003 and appellant No.1- Lakhan has served in custody for about three and a half years and appellant No.2-Rakesh has served in custody for about four and a half years

Signature Not Verified and appellant No.3-Harinandan has served in custody for about five years and Signed by: YOGENDRA OJHA Signing time: 5/11/2023 6:28:36 PM

three months o ut of total jail sentence awarded by trial Court and so also, suffered the agony and trauma of protracted trial. Thus, looking to over-all circumstances and the fact that the offence in question was committed nearly 19 years back, it will be just and proper that if by imposing a fine amount of Rs.25,000/- against each of the appellants under Section 304-I/149 of IPC, the remaining jail sentence of the appellants is reduced to the period already undergone by them.

Accordingly, criminal appeal is partly allowed. While maintaining appellants' conviction for Section 304-I/149 of IPC, the remaining jail sentence awarded to appellants is hereby reduced to the period already undergone by them with imposition of fine of Rs.25,000/- against each of the appellants under Section 304-I/149 of IPC which shall be deposited by the appellants on adjustment of fine amount already deposited by the appellants before trial Court, within a period of two months from today failing which the appellants shall suffer the sentence awarded by the court below. The amount of fine so deposited by the appellants be given to the LRs' of deceased as compensation The appellants are on bail, therefore, their bail bonds and surety bonds stand discharged.

With the aforesaid, the criminal appeal stands disposed of. A copy of this judgment alongwith record of the trial court be sent back

forthwith.

(DEEPAK KUMAR AGARWAL) JUDGE ojha

Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 5/11/2023 6:28:36 PM