Bhagirath vs The State Of M.P.
2023 Latest Caselaw 18351 MP

                                                                1

                           IN THE           HIGH COURT              OF MADHYA PRADESH
                                                      AT I N D O R E
                                                           BEFORE
                                            HON'BLE SHRI JUSTICE ANIL VERMA

                                              ON THE 2nd OF NOVEMBER, 2023

                                              CRIMINAL APPEAL No. 107 of 2000

                           BETWEEN:-
                           BHAGIRATH S/O AMARAJI BALAI, AGE 47
                           YEARS, R/O INDORE (MADHYA PRADESH)
                                                                                     .....APPELLANT
                           (BY SHRI SANJAY SHARMA AND SHRI A.S.
                           PARIHAR - ADVCOATE )

                           AND
                           THE STATE OF M.P. THROUGH POLICE
                           STATION - KATKATPURA, INDORE (M.P.)
                                                                                  .....RESPONDENTS
                           (BY SHRI AMIT RAWAT- GA )
                           ______________________________________________________________________
                                  This appeal coming on for final hearing this day, the court passed
                           the following:

                                                          JUDGMENT

In compliance of the earlier order dated 05/10/2023, by which, arrest warrant was issued, appellant Bhagirath has been arrested by police and he was admitted in Central Jail, Indore on 27/10/2023. Today, the appellant is produced in custody before this Court.

2/ With consent of both the parties, present appeal is heard finally.

3/ The appellant has preferred this appeal aggrieved by the judgment of conviction and sentence dated 30.11.1999 passed by Thirteenth Additional Sessions Judge, Indore, in Sessions Trial No.517/1992, whereby held the appellant/accused guilty for the offence

Signature Not Verified Signed by: AMOL NIVRUTTIRAO MAHANAG Signing time: 02-11-2023 16:59:37

under Sections 452 and 324 read with Section 34 of IPC and sentenced him to undergo two years RI with a fine of Rs.500/- and three years RI with a fine of Rs.1000/- respectively. Both the sentences are ordered to run concurrently.

4/ It is also noteworthy that in the instant matter, co-accused Chandan and Vijay preferred separate appeal i.e. Criminal Appeal no. 1704/1999 against the impugned judgment and vide judgment dated 15/01/2009 passed in CRA no. 1704/1999, their appeal has been decided. Although their conviction have been upheld for the aforesaid offence, but their sentence have been modified to the extend that they are sentenced to the period already undergone by them by enhancing their fine amount.

5/ Briefly stated the facts of the case are on 29.5.92 the complainant Rajendra was sleeping in his field, at that time, it is alleged that present appellant and other co-accused persons came there and caused injury to him by means of knife. The matter had been reported to Police Station Katkatpura, on which basis, the police had registered a case under Section 307 and 452 IPC, sent the complainant for medical examination, recorded the statements of witnesses and after due investigation the charge sheet has been filed.

6/ The appellant/accused abjured the guilt and his defence is of false implication in this case. The learned trial Court after due appreciation of the evidence on record, acquitted the accused from the charge under Section 307 IPC, but held him guilty for the offence punishable under Sections 452 and 324 IPC and sentenced him as stated herein above. Aggrieved by which, the appellants has preferred this appeal.

7/ Having heard learned counsel for the appellant as well as Government Advocate for the State and perused the record.

8/ It is submitted by learned counsel for the appellant that he is not challenging the finding of conviction recorded by the trial Court. His

Signature Not Verified Signed by: AMOL NIVRUTTIRAO MAHANAG Signing time: 02-11-2023 16:59:37

only prayer is for just reduction of the jail sentence as the appellant is the first offenders, He is facing this trial since 1992 and no previous criminal conduct has been proved by the prosecution against him. He also remained in jail for 31 days. Therefore, it is prayed for just reduction of the jail sentence.

9/ Learned Government Advocate appearing on behalf of the State supported the impugned judgment and prayed for dismissal of the appeal.

10/ As before this Court finding of conviction of the appellant under Sections 452 and 324 IPC has hot been challenged, therefore, the aforesaid finding recorded by the trial Court is hereby affirmed.

11/ With regard to the sentence is concerned, the appellant is facing trial since 1992 from the date of incident. No previous criminal conduct has been proved by the prosecution. Appellant remained in jail for 31 days. Considering the aforesaid detention period, the sentence of two years and three years RI awarded by the trial Court appears to be excessive and this can be reduced to the period already undergone by the appellant in jail with some enhancement of fine amount.

12/ Resultantly, the appeal preferred by the appellant is allowed in part. The conviction of the appellant for the offence under Sections 452 and 324 read with Section 34 of IPC is affirmed but the sentence of two years RI and three years RI respectively as awarded by the trial Court is set aside. Instead thereof, the appellant is sentenced to the period already undergone by him with a fine of Rs.1000/- for the offence under Section 452 and fine of Rs.3000/- for the offence under Section 324 IPC. In default of payment of fine, he will suffer further imprisonment for three months respectively.

13/ He will deposit the enhanced fine amount of Rs.500/- under Section 452 IPC and Rs.. 2000/- for the offence under Sec.324 IPC (total

Signature Not Verified Signed by: AMOL NIVRUTTIRAO MAHANAG Signing time: 02-11-2023 16:59:37

Rs.2500/-) within a period of four months from the date of this judgment, failing which, the trial Court may send him to jail for serving the jail sentence awarded by the trial Court in default of payment of fine.

14/ Out of the total revised fine amount of Rs.4000/-, a sum of Rs.2500/- be paid to the complainant Rajendra for the injury sustained to him in this incident 15/ Appellant Bhagirath is on bail, but in compliance of earlier order dated 05/10/2023, by which, arrest warrant was issued, he was arrested by police and today, he has been produced in custody before this Court. Now, the appellant be released forthwith, if not required in any other offence.

16/ His surety bond and bail bond are discharged. The order regarding disposal of the property as pronounced by the trial Court, is confirmed.

17/ Present Criminal Appeal stands disposed of accordingly. 18/ A copy of this judgment alongwith the record of the trial Court be sent back to the concerned Court for information and necessary compliance.

C.C. as per rules.

(ANIL VERMA) JUDGE amol

Signature Not Verified Signed by: AMOL NIVRUTTIRAO MAHANAG Signing time: 02-11-2023 16:59:37