Ramkhelawan Singh Gond vs The State Of Madhya Pradesh
2024 Latest Caselaw 15035 MP

Madhya Pradesh High Court

Ramkhelawan Singh Gond vs The State Of Madhya Pradesh on 20 May, 2024

Author: Anuradha Shukla

Bench: Anuradha Shukla

                                                               1
                               IN THE HIGH COURT OF MADHYA PRADESH
                                           AT JABALPUR
                                                      BEFORE
                                       HON'BLE SMT. JUSTICE ANURADHA SHUKLA
                                                      ON THE 20 th OF MAY, 2024
                                              CRIMINAL APPEAL No. 617 of 2007

                          BETWEEN:-
                          RAMKHELAWAN SINGH GOND S/O SAMPAT SINGH,
                          AGED ABOUT 30 YEARS, R/O VILL. KORGANWA PS.
                          UMARIYA DISTRICT UMARIYA (MADHYA PRADESH)

                                                                                        .....APPELLANT
                          (NONE)

                          AND
                          THE STATE OF MADHYA PRADESH THROUGH P.S.
                          UMARIYA, DISTT. UMARIYA (MADHYA PRADESH)

                                                                                    .....RESPONDENTS
                          (BY SHRI DILIP SHRIVASTAVA - GOVT. ADVOCATE)

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

This appeal has been preferred against the judgment dated 08.03.2007

delivered in S.T. No.23/2006 by Additional Sessions Judge Umariya, by which the appellant was convicted for the offence punishable under Section 354 of IPC and sentenced to rigorous imprisonment for 1 year with fine of Rs.500/-, with default stipulation.

2 . During the pendency of this case, possibility of settlement through mediation was explored and this Court vide order dated 15.12.2023 had referred the matter for mediation.

3. As per the letter dated 24.04.2024 received from the learned Sessions

Judge, Umariya annexed with letter of Mediator Shri Rajkumar Singh Chouhan alongwith compromise-deed and death certificate of victim, the mediation proceedings are successful.

4. The record of the trial Court reveals that the victim had died during trial and her death certificate issued by Sarpanch is annexed with the mediation report. Further, the parents of victim namely Chetram Singh and Rampati Bai are reported to have resolved their dispute with appellant Ramkhelawan Singh absolutely as per the compromise-deed annexed with the mediation report and there is observation of the Mediator that this compromise has been reached without fear, favour or under any kind of duress.

5. After due consideration of compromise-deed and other documents, it is clear that parties have arrived at compromise with their own freewill and no coercion or inducement was exercised to reach to this amicable settlement between them. Therefore, the instant criminal appeal is allowed and appellant Ramkhelawan Singh Gond is acquitted from the charge of offence punishable under Section 354 of IPC.

6. The fine amount, if any, deposited by the appellant shall be returned to him.

7. His bail-bonds are discharged.

8. A copy of this order alongwith the record be sent to the concerned trial court.

(ANURADHA SHUKLA) JUDGE rv