Shriniwas vs The State Of M.P.
2023 Latest Caselaw 7536 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. 48 of 2005

                          BETWEEN:-
                          1.    SHRINIWAS S/O SHANKAR LAL, AGED ABOUT 30
                                Y E A R S , GRAM BARVAI, THANA AMBAH
                                (MADHYA PRADESH)

                          2.    RAJWATI W/O SHRI KEDAR, AGED ABOUT 25
                                YEARS, OCCUPATION: NA GRAM BARBAI THANA
                                AMBAR (MADHYA PRADESH)

                                                                                       .....APPELLANT
                          (BY SHRI A.B. TRIPTHI- ADVOCATE)

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

                                                                                    .....RESPONDENTS
                          (BY 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 of CrPC has been preferred b y appellants against the judgment of conviction and order of sentence dated 17.12.2004 passed by Fourth Additional Sessions Judge Morena in Sessions Trial No.405 of 2002, whereby trial Court convicted the appellants under Section 304 Part II of IPC and sentenced to undergo five years' R.I. with fine of Rs.1000/- each with default stipulation.

Learned counsel for the appellants 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 2002 and appellant No.1- Shriniwas has served in custody for about one year and appellant No.2-Rajwati has served in custody for about one year and more than 20 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 2002 and appellant No.1- Shriniwas has served in custody for about one year and appellant No.2- Rajwati has served in custody for about one year 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 20 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 Part II 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 Part II 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 Part II of IPC which shall be deposited by the appellants on Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 5/11/2023 6:28:36 PM

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