Onkarlal And Anr. vs The State Of Madhya Pradesh
2024 Latest Caselaw 3495 MP

Madhya Pradesh High Court

Onkarlal And Anr. 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. 1385 of 2010

                           BETWEEN:-
                           1.    ONKARLAL AND ANR. S/O MADHUJI DHAKAR,
                                 AGED    ABOUT    38  YEARS, OCCUPATION:
                                 AGRICULTRIST GRAM.SUJANPURA P.S.SINGOLI
                                 DISTT.NEEMUCH (MADHYA PRADESH)

                           2.    RAMSWAROOP @ RAMSUKH DHAKAD S/O
                                 MADHUJI DHAKAD, AGED ABOUT 40 YEARS,
                                 GRAM SUJANPURA, POLICE STATION SINGOLI,
                                 DISTRICT NEEMUCH (MADHYA PRADESH)

                                                                                         .....APPELLANTS
                           (SHRI SANJAY      SHARMA,     LEARNED      COUNSEL      FOR    THE   THE
                           APPELLANTS)

                           AND
                           THE STATE OF MADHYA PRADESH GOVT. THRU.ARCHI
                           KENDRA     SINGOLI  DISTT.NEEMUCH    (MADHYA
                           PRADESH)

                                                                                      .....RESPONDENTS
                           (SHRI MAYANK       MISHRA,    LEARNED     PANEL    LAWYER      FOR   THE
                           RESPONDENTS)

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

Appellants have filed this appeal under Section 374 of the Code of Criminal Procedure against the judgment dated 29.10.2019 passed by II Additional Session Judge (Fast Track), Neemuch in Session Trial No.61/10, whereby trial Court has convicted the appellant - Onkarlal under Section 333/34 of IPC and sentenced him to undergo 1 year R.I. with fine of Rs.1000/-, in

default of payment of fine, further RI for one month and appellant- Ramswaroop under Section 333 of IPC and sentenced him to undergo 1 year R.I.

2. Learned counsel for the appellants, 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 appellants under Section 333/34 and Section 333 of IPC respectively. 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 17.11.2009, at that time the accused persons were 38 & 40 years old respectively and now, they are more than 52- 54 years old respectively. This is first offence of the appellants. They were in jail from 05.12.2009 to 07.12.2009, hence, the end of the justice would be best served, if their 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 appellants 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 appellants in jail. Since, appellants are on bail, their 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.