Madhya Pradesh High Court
Pramod & Another vs The State Of M.P. on 1 April, 2024
Author: Vijay Kumar Shukla
Bench: Vijay Kumar Shukla
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
ON THE 1 st OF APRIL, 2024
CRIMINAL APPEAL No. 70 of 2004
BETWEEN:-
1. PRAMOD @ GUDDU S/O RAMESHCHANDRA,
AGED ABOUT 29 YEARS, OCCUPATION:
AGRICULTURE 346, KUSHWAH NAGAR, INDORE
(MADHYA PRADESH)
2. RAJESH S/O RAMESHCHANDRA, AGED ABOUT 34
Y E A R S , OCCUPATION: AGRICULTURE 346,
KUSHWAH NAGAR, INDORE (MADHYA PRADESH)
.....APPELLANTS
(BY SHRI MUKESH KUMAWAT, LEARNED COUNSEL)
AND
THE STATE OF M.P. THROUGH P.S. BANGANGA,
INDORE (MADHYA PRADESH)
.....RESPONDENT
(BY SHRI SHASHIKANT BHATI, LEARNED PUBLIC PROSECUTOR)
Th is appeal coming on for hearing this day, t h e court passed the
following:
ORDER
The present appeal is filed under Section 374 of Cr.P.C. arisinng out of
the judgment by Special Judge (Additional Session Judge), Indore in Spl. Case
No.570/2000 on 30.12.2003 for convicting the appellants under Section 324/34
of IPC and sentenced them for 3 years RI along with a fine of Rs.3000/- each
and in default of payment of fine, they shall further undergo three months
imprisonment.
2. As per prosecution story on 09.06.2000 at about 2 PM at the corner
of Radha Krishna Nagar, Indore, appellants and one other Raju assaulted
Gabbar @ Girish by hard and sharp object, on information ASI Vijay Shukla of
P.S. Banganga, Indore, prepared Dehati Nalsi Ex.P/1 and on the basis of Dehati
Nalsi, he lodged the report of an offence on Crime No.320/2000 under Section
307/34 of IPC at P.S. Banganga, Indore.
3. After completion of investigation, police submitted the challan of case
before JMFC, Indore the case was committed to the Court of District and
Sessions Judge, Indore and was registered as Spl. Case No.570/2000, the case
was transferred to the Court of Special Judge (Additional Sessions Judge),
Indore for trial.
4. On the other hand, on 09.06.2002 at about 1:35 PM appellant Rajesh
lodged a report against Gabbar @ Girish that he assaulted him by sword at
about 12:15 PM on the same date, P.S Banganga, Indore registered the offence
against Gabbar @ Girish on Crime No.319/2000 under Section 324 and 506 of
IPC.
5. After completion of investigation, the police submitted the challan of
case before JMFC, Indore and on application, Court committed the case to the
Court of District and Sessions Judge, Indore for trial, the case was registered as
ST No.540/2001 and transferred to the Court of Special Judge (Additional
Sessions Judge), Indore for trial.
6. At the outset counsel for the appellants submits that he is not
challenging the order of conviction on merit, but is confining his submissions
for question of sentence. It is argued that the incident had taken place on
09.06.2000 and the appellants have been prosecuting the trial, appeal for last
about 24 years. They were on bail during the trial and appeal. They did not
misuse the liberty. They maintained good relations with the complainant party.
No purpose would be served in sending the appellants in jail after such long
period. Their jail sentence may be reduced to the period already undergone as
the appellants have already undergone jail sentence of 16 days and fine amount
may be enhanced from Rs.3000/- to Rs.15000/- each.
7. Counsel for the State supports the order of conviction and sentence.
8. After hearing learned counsel for the parties, while maintaining the
order of conviction, the jail sentence of the appellants is reduced to the period
already undergone and the fine amount is enhanced from Rs.3,000/- to
Rs.15,000/- each which shall be deposited within a period of three months from
today. If the enhanced fine amount is deposited within the said period, the bail
bonds shall be discharged and if the said amount is not deposited within the
said period, the appellants shall undergo the remaining jail sentence as per the
order of the trial Court. Out of Rs.30,000/-, Rs.24,000/- shall be awarded as
compensation to victim Girish @ Gabbar by the trial Court.
9. With the aforesaid, the appeal is partly allowed and disposed off.
(VIJAY KUMAR SHUKLA)
JUDGE
soumya
