Arshad And 2 Ors. vs The State Of Madhya Pradesh
2023 Latest Caselaw 14872 MP

                                                      1
                           IN    THE     HIGH COURT OF MADHYA PRADESH
                                               AT INDORE
                                                    BEFORE
                                        HON'BLE SHRI JUSTICE ANIL VERMA
                                         ON THE 11 th OF SEPTEMBER, 2023
                                         CRIMINAL APPEAL No. 539 of 2013

                          BETWEEN:-
                          ASIF MUKATI S/O SHRI ANWAR MUKATI, AGED ABOUT
                          20 YEARS, R/O ANAND COLONY, NEAR MASJID
                          RATLAM (MADHYA PRADESH)

                                                                              .....APPELLANT
                          (BY SHRI SANJAY KUMAR SHARMA- ADVOCATE)

                          AND
                          THE   STATE    OF    MADHYA  PRADESH   GOVT.
                          THRU.P.S.STATION    ROAD   RATLAM   (MADHYA
                          PRADESH)

                                                                            .....RESPONDENTS
                          (BY SHRI MOHAMMAD IKRAM ANSARI - ADVOCATE FOR THE
                          COMPLEMENT)
                          SHRI SANTOSH THAKUR - GOVERNMENT ADVOCATE)

                                         CRIMINAL APPEAL No. 577 of 2013

                          BETWEEN:-
                          1.    ARSHAD AND 2 ORS. S/O IRSHAD MUKATI, AGED
                                ABOUT 20 YEARS, OCCUPATION: LABOUR NEAR
                                DRP LINES RATLAM (MADHYA PRADESH)

                          2.    ANIKET SINGH S/O VIRENDRA SINGH, AGED
                                ABOUT 20 YEARS, OCCUPATION: STUDENT 84
                                RAMBAG COLONY (MADHYA PRADESH)

                          3.    AMIT @ ANIS BANNA S/O KAILASHCHANDRA
                                RATHORE, AGED ABOUT 20 YEARS, OCCUPATION:
                                LABOUR DINDAYAL NAGAR NEAR MARIMATA
                                TEMPLE (MADHYA PRADESH)

                                                                             .....APPELLANTS
                          (BY SHRI SANJAY KUMAR SHARMA- ADVOCATE)
Signature Not Verified
Signed by: JYOTI
CHOURASIA
Signing time: 11-Sep-23
5:17:57 PM
                                                                 2

                          AND
                          THE   STATE    OF          MADHYA  PRADESH   GOVT.
                          THRU.P.S.STATION          ROAD   RATLAM   (MADHYA
                          PRADESH)

                                                                                           .....RESPONDENTS
                          (BY SHRI MOHAMMAD IKRAM ANSARI- ADVOCATE FOR THE
                          COMPLAINANT)
                          BY SHRI SANTOSH THAKUR - GOVERNMENT ADVOCATE)

                                   These appeals coming on for order this day, t h e court passed the
                          following:
                                                                 ORDER

Since these Criminal Appeals arise out of the same incident and are related to the same judgment they have been heard together and are being

decided by a common order.

The report of the Principal Registrar of this Court dated 28.07.2023 indicates that the matter has been amicably settled between both the parties and they have arrived at compromise willfully, without any fear and under coercion and they have resolved the dispute out of the Court.

The said factum has been verified by the Principal Registrar of this Court.

Learned counsel for the appellants has filed a death certificate in respect of appellant No.2 Aniket Singh Panwar which shows that Aniket had expired on 18.05.2023.

In view of the above, appeal against appellant No.2 Aniket is abated. With the consent of both the parties the matters are finally heard.

1. These appeals have been preferred by the appellants under sections 374 of Code of Criminal Procedure against the impugned judgment dated 17.04.2013 passed by III Additional Sessions Judge, Ratlam, District- Ratlam in Signature Not Verified Signed by: JYOTI CHOURASIA Signing time: 11-Sep-23 5:17:57 PM

Sessions Trial No.45/2010, whereby the appellants have been convicted under section 307 read with section 34 of India Penal Code and sentenced to undergo rigorous imprisonment of three years with fine of Rs.2,000/-each, with default of stipulation of six months rigorous imprisonment.

2. Brief facts of the case are that on 24.11.2009 Police received an information from Civil Hospital, Ratlam that Sarvesh, an injured was admitted in the hospital. On this SHO of Police Station Road went to the hospital and enquired from injured who disclosed that he with Ravi (PW.10) was standing in front of Rituvan and all the appellants came there and after abusing him Ashif gave a blow of knife on his chest and also assaulted by kicks and fists. Thereafter, appellants fled away from the spot after giving him life threat. Dehati Nalish (Exhibit P/10) was recorded on that FIR (Exhibit-P/14) was registered. During investigation spot map was prepared and appellants were arrested and injured was medically examined.

3. After completion of the investigation, charge-sheet has been filed against the appellants before the Chief Judicial Magistrate, Ratlam, who committed the case to the Sessions Judge, Ratlam, which was transferred to III Additional Sessions Judge, Ratlam for the trial.

4. The appellants abjured their guilt and took a plea that they have been falsely implicated in the present case.

5. The trial Court, after considering the submissions advanced by both the parties and scrutinizing the entire evidence on record, convicted appellant Asif for offence under Section 307 of the IPC and all other appellants convicted for offence under section 307 read with Section 34 of IPC and sentenced to undergo three years rigorous imprisonment with fine of Rs.2,000/- each with usual default stipulation. Being aggrieved by the said conviction and sentence, Signature Not Verified Signed by: JYOTI CHOURASIA Signing time: 11-Sep-23 5:17:57 PM

the appellants have preferred the present appeals before this Court.

6. During pendency of the present appeals, a joint Interlocutory Application under section 320(2) of Code of Criminal Procedure for recording of compromise has been filed on behalf of the parties. The factum of compromise has been duly verified by the Principal Registrar of this Court and as per his report, both the parties have willfully, without any fear and under coercion, entered into said compromise.

7. It is noteworthy that the offence under section 307 of IPC is non- compoundable, therefore, the compromise cannot be recorded, but at the same time, it is well settled that while awarding sentence, factum of compromise may be taken into consideration. It has also been stated that the appellants have remained in custody for a period of more than two and half months and they have suffered trial since 2009.

8. Considering all the facts and circumstances of the case, I am of the considered view that ends of justice will be met, if the sentence of imprisonment awarded against the appellants by the trial Court is reduced to the period already undergone i.e. two and half months imprisonment.

9. Accordingly, both the appeals are allowed in part by affirming the conviction under sections 307 and 307 read with section 34 of IPC and the sentence of imprisonment awarded against the appellants is hereby reduced to the period already undergone.

10. The appellants are on bail, therefore, their bail bonds stand cancelled. The order of disposal of the property as pronounced by the trial Court is also affirmed.

11. Let a copy of this order along with the records of the trial Court be

Signature Not Verified Signed by: JYOTI CHOURASIA Signing time: 11-Sep-23 5:17:57 PM

sent back to the concerned trial Court for due compliance.

CC as per rules.

(ANIL VERMA) JUDGE jyoti

Signature Not Verified Signed by: JYOTI CHOURASIA Signing time: 11-Sep-23 5:17:57 PM