Babu vs The State Of Madhya Pradesh
2023 Latest Caselaw 14460 MP

                                                             1
                          IN      THE      HIGH COURT OF MADHYA PRADESH
                                                 AT INDORE
                                                    BEFORE
                                   HON'BLE SHRI JUSTICE PREM NARAYAN SINGH
                                             ON THE 4 th OF SEPTEMBER, 2023
                                            CRIMINAL APPEAL No. 5626 of 2020

                         BETWEEN:-
                         BABU S/O UMRAO SINGH KOTESHWAR, P.S. KUKSHI,
                         DISTT.-DHAR (MADHYA PRADESH)

                                                                                      .....APPELLANT
                         (BY MS. ARCHANA SHARMA, ADVOCATE )

                         AND
                         THE STATE OF MADHYA PRADESH STATION HOUSE
                         OFFICER THROUGH P.S. KUKSHI (MADHYA PRADESH)

                                                                                   .....RESPONDENTS
                         (BY SHRI S.K. GUPTA, COUNSEL FOR THE STATE )
                                                   Reserved on :22.08.2023
                                                   Delivered on :04.09.2023
                                T h is appeal coming on for orders this day, t h e cou rt passed the
                         following:
                                                              ORDER

With consent of the parties heard finally.

1. This criminal appeal under Section 374 of Cr.P.C. has been filed by the appellant being aggrieved by the judgment dated 15.03.2019 passed by the learned 2nd Additional Sessions Judge, Kukshi District Dhar in Sessions Trial No.247/2017, whereby the appellant has been convicted for offence under Sections 307 of IPC for 07 years R.I. with fine of Rs.2000/- and default stipulation.

0 2 . The prosecution story, in a nutshell is that on 06.06.2017, the Signature Not Verified Signed by: AMIT KUMAR Signing time: 9/5/2023 3:32:52 PM

complainant Sharwan had lodged an FIR at police Station Kukshi by submitting that today, at about 09:30AM, he alongwith one Pankaj and Mahadev were sitting in front of house of Mahadev, at that time, the appellant armed with an axe came on the spot, he asked Mahadev whey he is not borrowing amount to the appellant, I will kill you thereafter, by saying so, he assaulted Mahadev with axe twice firstly on right ribs and secondly on back. The injured fell down on the spot, the complainant called 101 and called the ambulance, taken him for treatment at hospital. Hence, the police party, after following due procedure, arrested the accused person and registered the case against the appellant. After due investigation, charge-sheet was filed against the appellant/accused under

Section 307 of IPC.

0 3 . In turn, the case was committed to the Court of Session and thereafter, appellant was charged for offence under Section Section 307 of IPC. He abjured his guilt and took a plea that he had been falsely implicated in the present crime and prayed for trial.

04. In support of the case, the prosecution has examined as many as 10 witnesses namely Mahadev (PW-1), Sarwan (PW-2), Basantibai (PW-3), Pankaj (PW-4), Sangeeta (PW-5), Beeju (PW-6), Dr. G.S. Baghel (PW-7), G.L. Chouhan (PW-8), Dr. Rajesh Jain (PW-9) & R.S. Solanki (PW-10) No witness has been adduced by the appellant in his defence.

05. Learned trial Court, on appreciation of the evidence and argument adduced by the parties, pronounced the impugned judgment on 15.03.2019 and finally concluded the case and convicted the appellant for commission of the said offence under the provisions of Section 307 of IPC.

6. The appellant has preferred this criminal appeal on several grounds but during the course of arguments, learned counsel for the appellant did not press Signature Not Verified Signed by: AMIT KUMAR Signing time: 9/5/2023 3:32:52 PM

this appeal on merit and not assails the finding part of judgment. He confines his argument on the point of sentence only and prays that since the appellant has already undergone approximately 06 years and two months in jail incarceration out of the seven years, his sentence be reduced to the period already undergone. It is further submitted that the appellant deserves some leniency as the appellant already suffered the ordeal of the trial since 2017 i.e. for a period of 06 years. It is further submitted that this appeal be partly allowed and the sentence awarded to the appellant be reduced to the period already undergone.

7. Learned counsel for the State on the other hand supports the impugned judgment and prays for dismissal of this appeal. It is further submitted that the learned trial Court has passed the impugned judgement after considering each and every circumstances of the case and convicted the appellant rightly.

8. Having considered the rival submissions and on perusal of the record, the submission of the learned counsel for the appellant appears to be just and proper.

9 . However, the learned trial Court has not committed any error in appreciation of evidence available on record. Further, it is found that the prosecution case has well supported by the injured namely Mahadev incuding eye witnesses namely Sharwan and Pankaj as well as by the

medical testimony. The Court below has well considered the material available on record, hence, no infirmity is found in the impugned order of conviction passed by the Court below, accordingly, the same is upheld.

10. So far as the sentence of the appellant is concerned, after the lapse of almost 06 years and the appellant is in jail since from inception, the submissions

Signature Not Verified Signed by: AMIT KUMAR Signing time: 9/5/2023 3:32:52 PM

have been made by the appellant regarding reduction of the sentence to the period already undergone appears to be just and proper. The appellant has suffered the ordeal of criminal case since 7.06.2017 and there is no criminal record/antecedents of the appellant, this Court finds it expedient to partly allow this criminal appeal by affirming the conviction of the appellant.

11. Accordingly, this criminal appeal is partly allowed and the sentence awarded to the appellant is hereby reduced to the sentence already undergone subject to deposit the fine amount as awarded by learned trial Court.

12 He be set at liberty forthwith immediately if not required in jail in other case.

13. The order of learned trial Court regarding disposal of the seized property stands confirmed.

14. A copy of this order be send to the concerned trial Court for necessary compliance.

Pending application, if any, stands closed.

Certified copy, as per rules.

(PREM NARAYAN SINGH) JUDGE amit

Signature Not Verified Signed by: AMIT KUMAR Signing time: 9/5/2023 3:32:52 PM