Madhya Pradesh High Court

Smt. Kamlabai vs The State Of Madhya Pradesh on 1 May, 2024

Author: Hirdesh

Bench: Hirdesh

                                                            1
                            IN    THE       HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                       BEFORE
                                             HON'BLE SHRI JUSTICE HIRDESH
                                                  ON THE 1 st OF MAY, 2024
                                             CRIMINAL APPEAL No. 444 of 2014

                           BETWEEN:-
                           1.    SMT. KAMLABAI W/O SUKHDEV BANGAR, AGED
                                 ABOUT 50 YEARS, MATA CHOWK PANJABI
                                 COLONY,   KHANDWA,    DISTRICT-KHANDWA
                                 (MADHYA PRADESH)

                           2.    PADMINI D/O SUKHDEV BANGAR, AGED ABOUT
                                 24 YEARS, MATA CHOWK PANJABI COLONY,
                                 KHANDWA (MADHYA PRADESH)

                                                                                       .....APPELLANTS
                           (NONE FOR THE APPELLANTS )

                           AND
                           THE STATE OF MADHYA PRADESH STATION HOUSE
                           OFFICER THRU. P.S. MAHESHWAR, DISTRICT-
                           KHARGONE (MADHYA PRADESH)

                                                                                      .....RESPONDENT
                           (SHRI ANAND BHATT, LEARNED DEPUTY GOVERNMENT ADVOCATE
                           FOR THE RESPONDENT/STATE)

                                 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 05.03.2014 passed by First Additional Sessions Judge, Mandleshwar in Session Trial No.15/14, whereby trial Court has convicted the appellants under Sections 394 and 394/34 of IPC and sentenced they to undergo one year R.I. with fine of Rs.500/- and under Section 341 of IPC and sentenced them to undergo one month's R.I., with

default clause.

2. Heard learned counsel for the respondent/State and perused the record of the case.

3 . 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 Sections 394, 394/34 and 341 of IPC. Hence, findings recorded by the trial Court with respect to conviction are affirmed.

4. So far as sentence is concerned, record of the case reveals that incident

took place on 11.12.2013, at that time the accused were 50 and 24 years old respectively and now they are more than 60 and 34 years old respectively. This is first offence of the accused/appellants. They remained in jail from 12.12.2013 to 05.03.2014, 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.

5. 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.

6. 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.