Madhya Pradesh High Court
Bhav Singh vs The State Of M.P. on 9 May, 2023
Author: Deepak Kumar Agarwal
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. 95 of 2005
BETWEEN:-
1. BHAV SINGH S/O HEERALAL GURJAR, AGED
ABOUT 54 YEARS, OCCUPATION: NONE VILLAGE-
TEJJU KHEDI PS JAMNER (MADHYA PRADESH)
2. GUDDYA S/O BHAV SINGH GURJAR, AGED ABOUT
23 YEARS, OCCUPATION: NA VILLAGE TEJJU
KHEDI POLICE STATION JAAMNER DISTRICT
GUNA (MADHYA PRADESH)
3. PAPPU S/O BHAV SINGH GURJAR, AGED ABOUT 20
YE A R S , OCCUPATION: NA VILLAGE TEJJAU
KHEDI PS. JAAMNER DISTRICT GUNA (MADHYA
PRADESH)
.....APPELLANT
(BY SHRI B.S. GOUR- ADVOCATE )
AND
THE STATE OF M.P. INCHARGE POLICE STATION PS
JAAMNER (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI A.P.S. TOMAR- PUBLIC PROSECUTOR )
This appeal coming on for final hearing this day, the court passed the
following:
ORDER
Instant Criminal Appeal under Section 373 of CrPC has been preferred
b y appellants against the judgment of conviction and order of sentence dated
04.1.2005 passed by Third Additional Sessions Judge, Fast Track Court, Guna
(M.P.) in Sessions Trial No.72 of 2001, whereby trial Court convicted the
Signature Not Verified
Signed by: YOGENDRA
OJHA
Signing time: 5/11/2023
6:28:36 PM
appellant No.1 Bhav Singh under Section 326/34 of IPC and sentenced to
undergo four years R.I. with fine of Rs.500/-, under Section 325/34 of IPC and
sentenced to undergo two years R.I. with fine of Rs.500/-, under Section 323 of
IPC and sentenced to undergo one month S.I. with fine of Rs.500/-, appellant
No.2 Gudda under Section 326 of IPC and sentenced to undergo four years
R.I. with fine of Rs.500/-, under Section 325/34 of IPC and sentenced to
undergo two years R.I. with fine of Rs.500/- under Section 323/34 of IPC and
sentenced to undergo one month S.I. with fine of Rs.500/-, appellant No.3
Pappu under Section 326/34 of IPC and sentenced to undergo four years R.I.
with fine of Rs.500/-, under Section 325 of IPC and sentenced to undergo two
years R.I. with fine of Rs.500/- and under Section 323 of IPC and sentenced to
undergo one month S.I. with fine of Rs.500/- 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 2000
and appellants have served in custody for about seven months, fine amount has
already been deposited by them and more than 22 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 2000 and appellants
Signature Not Verified
Signed by: YOGENDRA
OJHA
Signing time: 5/11/2023
6:28:36 PM
have served about seven months of incarceration out 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 22 years back, it will be just and proper that if
by imposing a fine amount of Rs.20,000/- against each of the appellants under
Section 326/34, 326 of IPC and fine amount of Rs. 5000/- against each of the
appellants under Sections 325 and 325/34 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 offence under Section 326/34, 326, 325 and 325/34,
the remaining jail sentence awarded to appellants is hereby reduced to the
p erio d alread y undergone by them with imposition of fine amount of
Rs.20,000/- against each of the appellants under Section 326/34, 326 of IPC
and fine amount of Rs. 5000/- against each of the appellants under Sections 325
and 325/34 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 fine so deposited by the appellants
be given to the injured 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)
Signature Not Verified
Signed by: YOGENDRA
OJHA
Signing time: 5/11/2023
6:28:36 PM
JUDGE
ojha
Signature Not Verified
Signed by: YOGENDRA
OJHA
Signing time: 5/11/2023
6:28:36 PM
