Madhya Pradesh High Court
Rameshwar Dayal vs State Of M.P. on 13 August, 2025
Author: Anil Verma
Bench: Anil Verma
NEUTRAL CITATION NO. 2025:MPHC-GWL:17708
1 CRA-650-2004
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE ANIL VERMA
ON THE 13th OF AUGUST, 2025
CRIMINAL APPEAL No. 650 of 2004
RAMESHWAR DAYAL AND OTHERS
Versus
STATE OF M.P.
Appearance:
Shri B.S. Gour, Advocate for appellants from Legal Aid.
Shri Saket Udainiya - Public Prosecutor for respondent/State.
ORDER
From perusal of the record, it appears that on the last date of hearing,
i.e., 17.07.2025 and 25.09.2023, nobody had appeared on behalf of the
appellants and today also, none is appearing on behalf of the appellants. This
criminal appeal is pending since 2004, therefore, in the interest of justice,
Shri B.S. Gour, Advocate, who is present in the Court and his name is in the
panel of Legal Aid Committee, Gwalior, is appointed as counsel for the
appellants.
2. Appellants have preferred this criminal appeal under Section 374(2)
of Code of Criminal Procedure (in short "CrPC") being aggrieved by the
impugned judgment dated 25.09.2004 passed by Additional Sessions Judge,
Pichhore District Shivpuri in Sessions Trial No.54/2004, whereby all the
appellants have been convicted under Sections 342, 331/34, 323/34 of Indian
Penal Code (in short "IPC") and sentenced to undergo 4 months RI, 2 years
NEUTRAL CITATION NO. 2025:MPHC-GWL:17708
2 CRA-650-2004
RI with fine of Rs.1,000/- and 4 months RI with usual default stipulations.
3. During pendency of this appeal, matter has been amicably settled
between appellant No. 4 - Harbhajan with victim persons and I.A.
No.515/2014 and I.A. No.516/2014 have been filed. Principal Register of
this Court has verified the factum of compromise and on the basis of
verification report, appellant No. 4 Harbhajan has been acquitted for offence
under Sections 323/34 and 342 of IPC but appeal has been continued against
appellant No. 4 - Harbhanan for offence under Section 331/34 of IPC as the
same is non-compoundable offence.
4. As per the prosecution story, on 11.01.2004 at about 08:00 AM
while complainant Jasrath was standing before his house, at that time,
appellant No. 1 - Rameshwar Dayal came there and told him that why you
have stolen my motor. When complainant denied, then Rameshwar and
Harbhajan caught hold him and tied his hands and Kashiram and Dheeraj
Singh also caught hold his hairs and all the accused persons while dragging
has taken him inside the house of Rameshwar and confined him there,
thereafter, he was beaten by appellant by wooden stick, due to which, he
sustained bony injury on his right hand and simple injuries on other parts of
the body. When complainant's wife Meera came there for intervention, she
was also beaten by Dheeraj Singh. Complainant lodged FIR at Police Station
Pichhore. Accordingly, offence has been registered against the accused
persons.
5. After completion oof investigation, charge-sheet has been filed
before the JMFC, Pichhore, District Shivpuri, who has committed the case to
NEUTRAL CITATION NO. 2025:MPHC-GWL:17708
3 CRA-650-2004
the Court of Session. Later on, case has been transferred to Additional
Sessions Judge, Pichhore. The Trial Court has framed charges under Sections
342, 331/34 and 323/34 of IPC against the appellants.
6. Appellants abjured their guilt and pleaded complete innocence.
Prosecution has examined as many as 7 witnesses, while defence examined
only one witness.
7. The Trial Court after completion of trial and scrutinizing the
evidence available on record convicted and sentenced the appellants for the
aforesaid offences. Being aggrieved by the aforesaid, appellants have
preferred this appeal.
8. During course of the arguments, learned counsel for the appellants
did not press this criminal appeal on merits and he is only assailing the final
part of the impugned judgment. He confined his arguments on the point of
sentence only. The appellants have faced trial for long 21 years. Appellant
No. 4 - Harbhajan has suffered incarceration for two days and appellants No.
1 to 3 have suffered incarceration for four days. They are not having any
criminal past. They have deposited the fine amount. Consequently, leaned
counsel for the appellants prays for reduction of jail sentence to the period
already undergone by the appellants.
9. Per contra, learned counsel for the respondent/State opposed the
prayer and prays for its rejection by supporting the impugned judgment.
10. After considering the rival submissions and on perusal of the
record, submissions of learned counsel for the appellants appear to be just
and proper and conviction has not been challenged by the appellants,
NEUTRAL CITATION NO. 2025:MPHC-GWL:17708
4 CRA-650-2004
therefore, it will be appropriate to partly allow the appeal by affirming the
conviction of the appellants, however, reducing the jail sentence to the period
already undergone by them. Accordingly, the appeal is partly allowed by
maintaining the conviction of the appellants, but reducing the jail sentence to
the period already undergone by the appellants. However, the fine imposed
upon the appellants is maintained and if the appellants fail to pay the fine
amount, they shall undergo imprisonment as awarded by the Trial Court.
11. The appellants are on bail. Their bail bond stand discharged.
12. All the pending IA, if any, are also disposed of.
13. A copy of this order be sent to the Secretary, Legal Aid
Committee, Gwalior to pass formal order regarding appointment and
payment of counsel fee to the concerned Advocate through Legal Aid in
accordance with rules.
14. Let record of the Court below along with a copy of this order be
sent back to the concerned Trial Court for information and necessary
compliance.
15. Certified copy as per rules.
(ANIL VERMA)
JUDGE
Abhi
