Kalla @ Ramnarayan Sharma vs The State Of M.P.
2023 Latest Caselaw 7533 MP

                                   1
 IN     THE        HIGH COURT OF MADHYA PRADESH
                         AT GWALIOR
                          BEFORE
       HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                           ON THE 9 th OF MAY, 2023
                        CRIMINAL APPEAL No. 23 of 2005

BETWEEN:-
1.    KALLA @ RAMNARAYAN SHARMA S/O KEDAR
      SHARMA, AGED ABOUT 28 YEARS, R/O VILL.
      PIPADI PS GOHAD BHIND (MADHYA PRADESH)

2.    SEETA RAM SHARMA S/O RAMGOPAL SHARMA,
      AGED ABOUT 37 YEARS, OCCUPATION: NA R/O
      PIPADI P.S. GOHAD BHIND (MADHYA PRADESH)

                                                             .....APPELLANTS
(BY SHRI DHARMENDRA RISHISHWAR - ADVOCATE)

AND
THE STATE OF M.P. THROUGH POLICE STATION
GOHAD DISTRICT BHIND (MADHYA PRADESH)

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

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

This Criminal Appeal has been filed by the appellants under Section 374 of Cr.P.C. being aggrieved by the judgment dated 10.12.2004 passed by Additional Sessions Judge, Gohad, District Bhind in S.T. No.187/2002, whereby appellants have been convicted under Sections 307, 307/34 of IPC and sentenced to undergo 7-7 years' of RI with fine of Rs.500 - 500/- each with default stipulations.

Brief facts of the case are that on 28.06.2002 at about 9 am, when

injured was taking bath near well, both appellants - Sitaram and Kalla came over there and started abusing him. Appellant Sitaram gave mouser to Kalla and with the intention to kill, Kalla fired on injured and bullet hit on his right leg (pindli). On these basis, Crime No. 64/2002 for the offence under Sections 307/34 of IPC was registered against both the appellants.

Learned counsel for the appellants submits that he does not want to challenge the finding of conviction and also does not want to press the appeals on merits but since the occurrence has taken place as back as in the year 2002 and appellant No.1- Kalla has served in custody about 18 months and 8 days and appellant No.2 - Sitaram has served in custody about 7 months and 8 days

and more than 21 years have passed from 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.

Learned counsel for the State supported the impugned judgment and submitted that no interference is warranted. Hence, prayed for dismissal of appeals.

Heard learned counsel for the parties and perused the impugned judgment.

Looking to the aforesaid 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 amount is enhanced to Rs.25,000/- each for the aforesaid offence. Accordingly, while affirming conviction of the appellants under the aforesaid offence, jail sentence of the appellants is reduced to the period already undergone by them and the fine amount is enhanced to Rs.25,000/- each which shall be deposited by them within a period of two months from today and the same shall be given to complainant under Section

357 of Cr.P.C. as compensation failing which, the appellants will have to suffer further imprisonment as awarded by Court below. The aforesaid enhanced amount shall be adjusted with fine amount so deposited by appellants before the Court below.

In view of above, this criminal appeal is partly allowed.

(DEEPAK KUMAR AGARWAL) JUDGE Adnan ADNAN Digitally signed by ADNAN HUSAIN ANSARI DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT

HUSAIN OF MADHYA PRADESH BENCH GWALIOR, 2.5.4.20=43f3ff8f444225f9f0d9c30497105abb 80e91238ac53cf96a7b005e256158275, postalCode=474001, st=Madhya Pradesh, serialNumber=922E3DC382E0127257CE0DCC

ANSARI 4E29CD410E0BF39FAB6AA6DCB81675BB2AF 2DFCF, cn=ADNAN HUSAIN ANSARI Date: 2023.05.12 10:31:24 +05'30'