Jeewan @ Ram Jeewan vs The State Of Madhya Pradesh Thr
2023 Latest Caselaw 7535 MP

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                           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. 383 of 2004

                          BETWEEN:-
                          JEEWAN @ RAM JEEWAN S/O SHRI JAMANA LAL,
                          AGED ABOUT 18 YEARS, OCCUPATION: STUDENT
                          VILLAGE MOHANPUR P.S. JAMNER DIST. GUNA
                          (MADHYA PRADESH)

                                                                                       .....APPELLANT
                          (BY SHRI ASHOK JAIN- 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

Instant Criminal Appeal under Section 374 of CrPC has been preferred b y appellant 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 appellant under Section 148 of IPC sentenced to undergo one year R.I. and under Section 304-I of IPC and sentenced to undergo ten years' R.I. with fine of Rs.1000/- with default stipulation.

Learned counsel for the appellant does not challenge the finding of Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 5/11/2023 6:28:36 PM

conviction but since the occurrence has taken place as back as in the year 2003 and appellant has served in custody for about four 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 him.

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 has served in custody for about four years and three months 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 19 years back, it will be just and proper that if by imposing a fine amount of Rs.25,000/- against the appellant under Section 304-I of IPC, the remaining jail sentence of the appellant is reduced to the period already undergone by him.

Accordingly, criminal appeal is partly allowed. While maintaining appellants' conviction for Section 304-I of IPC, 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/- against the appellant under Section 304-I of IPC which shall be deposited by the appellant on adjustment of fine amount already deposited by the appellant before trial Court, within a period of two months from today failing which the appellant shall suffer the sentence awarded Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 5/11/2023 6:28:36 PM

by the court below. The amount of fine so deposited by the appellant be given to the LRs' of deceased as compensation The appellant is on bail, therefore, his 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