Madhya Pradesh High Court
Pappu Katariya vs State Of M.P. on 25 August, 2025
Author: Anil Verma
Bench: Anil Verma
NEUTRAL CITATION NO. 2025:MPHC-GWL:19071
1 CRA-521-2007
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE ANIL VERMA
ON THE 25th OF AUGUST, 2025
CRIMINAL APPEAL No. 521 of 2007
PAPPU KATARIYA AND OTHERS
Versus
STATE OF M.P.
Appearance:
Shri Dhirendra Singh - Advocate for the appellants.
Shri Harish Sharma - Public Prosecutor for the respondent/State.
ORDER
Verification report regarding factum of death of appellant No.1 Pappu
Katariya has been received from Police Station Piparai, District Ashoknagar.
2. As per verification report, appellant No.1 Pappu Katariya has died
on 30.9.2019 due to cancer and death certificate is also annexed with the
report. Therefore, it is established that appellant No.1 Pappu Katariya has
died. Accordingly, this criminal appeal against appellant No.1 Pappu
Katariya stands abated.
3. This criminal appeal is being considered in respect of appellant No.2
Bhura.
4. The present Criminal Appeal under Section 374 of the Code of
Criminal Procedure (in short 'Cr.P.C.') has been preferred against the
impugned judgment dated 30.06.2007 passed by the Special Judge
(Atrocities), Guna in Special Sessions Trial No.56/2006, whereby appellant
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2 CRA-521-2007
No.2 has been convicted for the offence under Sections 452, 323, 294 of IPC
and under Section 3(1)(10) of SC/ST Act and sentenced to suffer one year
six months RI with fine of Rs.1000/-, fine of Rs.1000/-, one month RI and
one year six months RI with fine of Rs.500/-, with default stipulations.
5. Prosecution story, in short, is that on 31.12.2005 at about 10:00 PM
while the complainant Radhabai along with her husband Hotam was sleeping
inside their house at that time appellant/accused Pappu and Bhura came there
with stick. They forcefully entered into the house of complainant and
committed marpeet with him and also abused in filthy language, due to
which complainant Radhabai and Hotam both of them sustained injuries.
After hearing hue and cry made by complainant, Ramesh, Suresh and
Laxman came there and they have seen the incident. On the next day,
complainant Radhabai lodged an FIR at Police Station Piprai, District
Ashoknagar. Accordingly, offence has been registered.
6. After completion of investigation, charge-sheet has been filed
before JMFC, Mungawali, District Ashoknagar. Later on the matter has been
transferred for hearing to the Special Judge (SC/ST Act), Guna. The Trial
Court has framed charges against the appellants for offence under Sections
452, 323, 323/34, 294 and under Section 3(1)(10) of SC/ST Act.
7. Appellant No.2 abjured his guilt and pleaded complete innocence by
stating that he has been falsely implicated in the matter. Prosecution has
examined as many as 09 witnesses while defence did not examine any
witness.
8. The Trial Court after considering the submissions advanced by both
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3 CRA-521-2007
the parties and scrutinizing the entire evidence available on record convicted
the appellant No.2 for offence under Sections 452, 323, 294 of IPC and under
Section 3(1)(10) of SC/ST Act and sentenced to suffer one year and six
months RI with fine of Rs.1000/-, fine of Rs.1000/-, one month RI and one
year and six months RI with fine of Rs.500/-, with default stipulations. Being
aggrieved by the aforesaid conviction and sentence, the appellants preferred
this appeal before this Court.
9. During course of the arguments, learned counsel for the appellant
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 appellant No.2 is facing trial for long 20 years. Appellant
No. 2 - Bhura has suffered incarceration from 28.1.2006 to 7.2.2006 i.e. for
11 days. He has already suffered jail incarceration for sufficient period. He is
not having any criminal past. Consequently, leaned counsel for the appellant
prays for reduction of jail sentence to the period already undergone by the
appellant No.2.
10. Per contra, learned counsel for the respondent/State opposed the
prayer and prays for its rejection by supporting the impugned judgment.
11. 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 appellant No.2 has already suffered sufficient incarceration
and conviction has not been challenged by the appellant, therefore, it will be
appropriate to partly allow the appeal by affirming the conviction of
appellant, however, reducing the jail sentence to the period already
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4 CRA-521-2007
undergone by him. Accordingly, the appeal is partly allowed by maintaining
the conviction of appellant No.2, but reducing the jail sentence to the period
already undergone by him. The fine amount imposed upon appellant No.2 is
hereby affirmed.
12. The appellant No.2 is on bail. His bail bond stand discharged.
13. The order regarding disposal of the property as pronounced by the
Trial Court is also affirmed.
14. The order regarding compensation to complainant/victim persons
as pronounced by the Trial Court is affirmed.
15. All the pending IA, if any, are also disposed of.
16. Let a copy of this order along with record of the Court below be
sent back to the concerned Trial Court for information and necessary
compliance.
17. Certified copy as per rules.
(ANIL VERMA)
JUDGE
(alok)
