Madhya Pradesh High Court
Shafeeq vs The State Of Madhya Pradesh on 29 February, 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 29 th OF FEBRUARY, 2024
CRIMINAL APPEAL No. 2785 of 2021
BETWEEN:-
1. SHAFEEQ S/O RASULL KHA, AGED ABOUT 50
Y E A R S , OCCUPATION: AGRICULTURIST
MALAKPURA SHUJALPUR CITY (MADHYA
PRADESH)
2. ASHIK S/O SALAM KHA, AGED ABOUT 33 YEARS,
OCCUPATION: AGRICULTURIST NEW MARKET
NALA SHUJALPUR CITY (MADHYA PRADESH)
3. JAVED S/O RAEES KHA, AGED ABOUT 33 YEARS,
OCCUPATION: AGRICULTURIST BHIMPURA
WARD NO. 4 SHUJALPUR (MADHYA PRADESH)
4. SHOAIB S/O SHARIF KHA, AGED ABOUT 29 YEARS,
OCCUPATION: AGRICULTURIST FADALIPURA
WARD NO. 5 SHUJALPUR (MADHYA PRADESH)
5. SHAKIR S/O SHAFEEQ KHA, AGED ABOUT 29
Y E A R S , OCCUPATION: AGRICULTURIST
MALAKPURA SHUJALPUR CITY (MADHYA
PRADESH)
.....APPELLANTS
(BY SHRI SANTOSH KUMAR MEENA - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH STATION HOUSE
OFFICER THR. P.S. SHUJALPUR (MADHYA PRADESH)
.....RESPONDENT
(BY SHRI SHASHIKANT BHATI - PP)
This appeal coming on for admission this day, the court passed the
following:
ORDER
This is appeal u/S.374 of the Cr.P.C. arising out of order of conviction
and sentence dated 15.4.2021 passed by IV ASJ, Shajapur District Shajapur in
ST No.83/2019 whereby the appellants have been convicted u/S.324/149,
323/149, 427/149, 294, 341, 147 and 148 of the IPC and sentenced to undergo
RI for two years with fine of Rs.1000/- to each , two months RI with fine of
Rs.1000/- to each , fine of Rs.1000/-to each , two months RI to each , fine of
Rs.500/- to each, two years RI to each and two years RI to each and two years
RI to each appellants respectively with default stipulation.
2. As per prosecution on 28.6.2019 complainant was returning from
work with his brother and accused persons stopped him in the away and
assaulted him with different means due to which complainant received several
injuries regarding which police registered FIR vide Crime No.237/2019 at Police
Station Shujalpur, Distt. Shajapur. After completion of the investigation, police
has submitted charge sheet before the trial court. After recording statement of
all witnesses trial court passed judgment and convicted the appellants as
mentioned above.
3. At the outset counsel for appellants submits that the appellants are not
challenging the order of conviction on merit. He confines his submissions to
the jail sentence and submits that the appellants have already undergone jail
sentence of one year 10 months out of two years jail sentence. The incident
had taken place in the year 2019. After conviction the jail sentence of the
appellants have been suspended and they are on bail. There is no allegation of
misusing the liberty.
4. Counsel for State supports the order of conviction and sentence.
5. After hearing learned counsel for parties, so far the conviction of the
appellants is concerned, the prosecution has successfully proved its case by the
testimony of Anwar PW.1, Sameer Khan PW.2, Arif Khan PW.3, Mansingh
PW.4, Dilshad PW.5, Bablu Khan PW.6, Osaf Khan PW.7 and Afsar Khan
PW.8. Apart from that, the testimony of victim Annu is well corroborated by
the testimony of Dr. Amit Soni PW.10 and his medical report. Thus, this court
does not find any error in the order of conviction.
6. Heard on the question of sentence.
7. Counsel for appellants submits that considering the submission that
the incident had taken place in the year 2019 and they have already undergone
jail sentence of one year 10 months and their jail sentence has already been
suspended, the appellants may be sentenced to the period already undergone.
8. In view of the aforesaid, while maintaining the conviction of the
appellants, the jail sentence of the appellants is reduced to the period already
undergone and fine amount u/Ss.324/149 of IPC is enhanced from Rs.1000/- to
Rs.2000/- to each appellant and fine amount u/S.427/149 IPC is also enhanced
from Rs.1000/- to Rs.2000/- to each appellant. Fine amount u/S.341 IPC is
enhanced from Rs.500/- to Rs.1000/- to each appellant. The enhanced fine
amount shall be deposited by the appellants within a period of two months from
today. Since the jail sentence of the appellants is already suspended and if the
fine amount is deposited with the aforesaid period, the bail bonds of the
appellants shall be discharged and if the fine amount is not deposited within the
aforesaid period, the appellants shall undergo the remaining jail sentence as per
the order of the appellate court.
9. With the aforesaid, appeal is partly allowed and disposed off.
(VIJAY KUMAR SHUKLA)
JUDGE
VM
