Sawantsingh vs The State Of Madhya Pradesh
2024 Latest Caselaw 3493 MP

Madhya Pradesh High Court

Sawantsingh vs The State Of Madhya Pradesh on 6 February, 2024

Author: Hirdesh

Bench: Hirdesh

                                                              1
                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                   AT INDORE
                                                        BEFORE
                                              HON'BLE SHRI JUSTICE HIRDESH
                                               ON THE 6 th OF FEBRUARY, 2024
                                              CRIMINAL APPEAL No. 113 of 2011

                           BETWEEN:-
                           SAWANTSINGH S/O PRABHULAL , AGED ABOUT 42
                           YE A R S , GRAM SARSYABE PS SUTHALIYA DISTT.
                           RAJGARH (MADHYA PRADESH)

                                                                                           .....APPELLANT
                           (SHRI MANOJ SAXENA, LEARNED COUNSEL FOR THE APPELLANT)

                           AND
                           THE STATE OF MADHYA PRADESH GOVT. THROUGH
                           POLICE STATION SUTHALIYA DISTT. RAJGARH
                           (MADHYA PRADESH)

                                                                                          .....RESPONDENT
                           (SHRI MAYANK MISHRA,           LEARNED      PANEL     LAWYER    FOR   THE
                           RESPONDENT/STATE)

                                 T h is appeal coming on for orders this day, t h e cou rt passed the
                           following:
                                                            JUDGMENT

Appellant has filed this appeal under Section 374 of the Code of Criminal Procedure against the judgment dated 20.01.2011 passed by Special Judge, SC/ST (Prevention of Atrocities) Act, Rajgarh (Biaora) in Session Trial No.53/2010, whereby trial Court has convicted the appellant under 323 of IPC and sentenced him to undergo three months' R.I. with fine of Rs.500/- and in default of payment of fine, further RI for 15 days.

2. Learned counsel for the appellant, at the outset, submits that he is not challenging impugned judgment on merits and is confining his argument to

sentence only.

3. I have heard learned counsel for the parties and perused record of the case.

4. So far as conviction is concerned, I have gone through the evidence adduced by the prosecution and examined it minutely. From perusal of overall evidence on record, it is clearly established that learned trial Court did not commit any error in convicting the appellant under Section 323 of IPC. Hence, findings recorded by the trial Court with respect to conviction are affirmed.

5. So far as sentence is concerned, record of the case reveals that incident took place on 02.01.2010, at that time the accused was 42 years old and now he is more than 55 years old. This is first offence of the accused/appellant. He

remained in jail from 25.03.2010 to 26.03.2010, hence, the end of the justice would be best served, if his sentence is reduced to the period already undergone with the fine imposed by the court below.

6. In view of the aforesaid, present appeal is partly allowed and conviction of the appellant by the trial court is upheld. So far as sentence awarded by the trial court is concerned, same is modified to the period already undergone by the appellant in jail. Since, appellant is on bail, his bail bonds be discharged.

7. Let a copy of this judgment be sent to the concerned court for compliance. The present appeal is partly allowed.

Let the record of the trial court be sent back.

(HIRDESH) JUDGE N.R.