Kamal vs State Of M.P.
2024 Latest Caselaw 4966 MP

Madhya Pradesh High Court

Kamal vs State Of M.P. on 20 February, 2024

Author: Hirdesh

Bench: Hirdesh

                                                             1
                            IN      THE       HIGH COURT OF MADHYA PRADESH
                                                    AT INDORE
                                                            BEFORE
                                                  HON'BLE SHRI JUSTICE HIRDESH
                                                  ON THE 20 th OF FEBRUARY, 2024
                                              CRIMINAL APPEAL No. 1269 of 2009

                           BETWEEN:-
                           KAMAL S/O MADAN BHILALA, AGED ABOUT 25 YEARS,
                           OCCUPATION: AGRICULTURIST VILL.KOLKHEDA PS
                           SENDHWA GRAMIN DISTRICT BARWANI (MADHYA
                           PRADESH)

                                                                                          .....APPELLANT
                           (NONE FOR THE APPELLANT )

                           AND
                           STATE OF M.P. THROUGH PS. SENDHWA GRAMIN
                           DISTRICT BARWANI (MADHYA PRADESH)

                                                                                        .....RESPONDENT
                           ( BY SHRI MAYANK MISHRA - PANEL LAWYER)

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

Appellant has filed this appeal under section 374 of the Code of Criminal

Procedure against the judgment dated 21.10.2009 passed by learned III Additional Sessions Judge (Fast Track), Sendhwa district Barwani in Sessions Trial No.52/2008, whereby trial Court has convicted appellant under Sections 451 of the IPC and sentenced to undergo 1 year R.I with fine of Rs.1,000/- with default stipulation.

2. I have perused the impugned judgment and the record of the case.

3. So far as conviction is concerned, I have gone through the evidence

adduced by the prosecution and perusal of the same reveal that learned trial

Court did not commit any error in convicting the appellant under Section 451 of the IPC. Hence, findings recorded by the trial Court with respect to conviction are affirmed.

4. So far as sentence is concerned, according to the charge sheet, the incident had taken place on 17.04.2008. He remained in custody from 20.04.2008 to 06.06.2008. Appellant/accused was 25 years of age at the time of incident and now he is near about 41 years old. On the above grounds, it is urged that the appellant be sentenced with the period already undergone by him.

5. Hence, in view of above facts and circumstances of the case, appeal filed by the appellant is partly allowed and while modifying the sentence of

imprisonment, appellant is sentenced to the period already undergone by him with fine as imposed by the trial Court. The appellant is on bail. His bail bonds stand discharged accordingly.

6. With the aforesaid present appeal stands partly allowed to the extent indicated above.

(HIRDESH) JUDGE RJ