Kalyan Singh vs The State Of Madhya Pradesh
2024 Latest Caselaw 4369 MP

Madhya Pradesh High Court

Kalyan Singh vs The State Of Madhya Pradesh on 15 February, 2024

                                                             1
                           IN     THE       HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                    BEFORE
                                   HON'BLE SHRI JUSTICE RAJENDRA KUMAR VANI
                                             ON THE 15 th OF FEBRUARY, 2024
                                            CRIMINAL APPEAL No. 1063 of 2009

                          BETWEEN:-
                          KALYAN SINGH S/O GULAB SINGH YADAV, AGED
                          ABOUT 25 YEARS, R/O VILL. BHASUDA, PS DHARAMPUR
                          DISTRICT PANNA (MADHYA PRADESH)

                                                                                          .....APPELLANT
                          (BY SHRI MANOJ JHA - ADVOCATE AS AMICUS CURIAE)

                          AND
                          THE STATE OF MADHYA PRADESH THROUGH PS
                          DHARAMPUR (MADHYA PRADESH)

                                                                                        .....RESPONDENT
                          (BY MS. SEEMA SAHU - PANEL LAWYER FOR STATE)

                                Th is appeal coming on for hearing this day, t h e court passed the
                          following:
                                                           JUDGMENT

By the present appeal filed under Section 374(2) of the Code of Criminal

Procedure, the appellant has challenged the judgment of conviction and order of sentence passed by Special Judge (Atrocities) Panna in Special Case No. 49/2008 whereby the appellant has been convicted under Sections 294 of IPC and sentenced to fine of Rs. 500/- in default, to further undergo 10 days RI, Section 506(2) of IPC and sentenced to fine of Rs. 1000/- in default, to further undergo 20 days RI.and Section 323 of IPC and sentenced to undergo 3 month RI and fine of Rs. 1000/- and in default, to further undergo 20 days RI.

2. As none appeared on behalf of the appellant, Mr. Manoj Jha, Advocate

who is present in the Court, has been requested to assist the Court on behalf of the appellant as amicus curiae.

3. The facts necessary for disposal of the present appeal in brief are that on 22.09.2008 at about 9:30 am, complainant Gopy was going to dig a diamond mine. Aaccused Kalyan Singh met between the way of diamond mine and refused to dig the mine of accused, on which the complainant was told that today is the festival of Mahalaxmi and starting to dig the diamond mine then accused reached there and abused and beat him with lathi and threatened to kill him.

4. Learned counsel for the appellant submitted that from the evidence on

record, the appellant is entitled to be acquitted, alternatively, he submits that in the fact and circumstances of the case, the sentence may be reduced to the period already undergone. There was no mens ria behind the incident so a liberal view of the point of sentence be taken by the Court, so she prayed that the sentence be reduced to period already undergone.

5. Per contra, learned Panel Lawyer submitted that the findings of learned Trial Court does not call for any interference. Court is at liberty to consider the matter on the point of sentence.

6. After considering the arguments of both the parties and after perusal of record, it appears that FIR was lodged at P.S. Dhampur District Panna on 22.09.2008 against the appellant which was registered as Crime No.84/2008 under Sections 294, 506-B and 323 of IPC and Section 3(1)(10) of SC/ST Act. After investigation, the charge sheet was filed.

7. Learned trial Judge after considering the statements of the witnesses by judgment dated 05.05.2009 convicted the appellant under Sections 294, 323 and 506(2) of IPC and sentenced as stated herein above, however, the findings

recorded by the learned Trial Judge are based on due appreciation of evidence and do not require any interference. The judgment of conviction under Sections 294, 323 and 506(2) of IPC is upheld.

8. However, looking to the facts that the incident is of the year 2008 since then the appellant is facing mental agony, appellant remained in custody for 7 days. Appellant was of 25 years of age at the time of incident. The appellant did not misuse the liberty granted to him under the bail. The prosecution has not brought any past criminal antecedents of the appellant on record and there is no minimum sentence has been prescribed under Sections 294, 323 and 506(2) of I.P.C. at that time, I deem it proper to reduce the jail sentence of the appellant to the extent of the period which he has already undergone and accordingly, the jail sentence is reduced to the period already undergone (7 days) by him and the sentence of fine amount is maintained. Order of the trial Court regarding disposal of property is also maintained. The appellant is on bail, his personal bond and bail bond be discharged. Accordingly the appeal is partly allowed.

9. Record of the trial Court be sent back along with copy of the judgment.

(RAJENDRA KUMAR VANI) JUDGE L.R.