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Madhya Pradesh High Court
Vakeel vs State Of M.P. on 1 December, 2025
NEUTRAL CITATION NO. 2025:MPHC-GWL:31076
1 CRA-287-2008
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE RAJESH KUMAR GUPTA
ON THE 1 st OF DECEMBER, 2025
CRIMINAL APPEAL No. 287 of 2008
VAKEEL AND OTHERS
Versus
STATE OF M.P.
Appearance:
Shri Sunil Soni - Advocate for the appellants.
Shri Puran Kumar Kulshreshtha - Additional Advocate General for the
respondent/State.
ORDER
Appellant No.1 Vakeel Meena is present in person. He is duly identified by
His counsel.
1. The present appeal has been preferred by the appellants under section 374
of Criminal Procedure Code, 1973 assailing the judgment of conviction and order
of sentence dated 28.03.2008 passed by Special Judge (Atrocities), Sheopur,
District Sheopur in Special Sessions Trial No. 234/2007 by which, the
appellants/accused have been convicted for the offence punishable under Sections
325/34, 323/34 of IPC and sentenced them to undergo maximum rigorous
imprisonment for four months with maximum fine of Rs.500/- each under Section
325/34 of IPC.
2. As per prosecution story, on 02.08.2006, when the complainant
Ramniwas of village Bhilwadiya at 9 am. went to the field of Babu Meena for
removing the herd, at that place, appellant No.1 Vakeel Meena cutting small trees
NEUTRAL CITATION NO. 2025:MPHC-GWL:31076
2 CRA-287-2008
then the complainant asked him why he cut the trees, then the appellant Vakeel
Meena abusing his "Caste name" and appellant Vakeel Meena along with Lakhan,
Harimohan reached Chottu Meena Babu's house and committed mar-peet with the
complainant. Due to which he sustained injuries. On the basis of aforesaid, FIR
has been registered by concerned police station. After conclusion of investigation,
charge sheet was filed before the competent court having criminal jurisdiction.
3. Learned trial Court after conclusion of trial, convicted the accused/
appellants for the offence punishable under Sections 325/34, 323/34 of IPC and
sentenced him to undergo maximum rigorous imprisonment for four months with
maximum fine of Rs. 500/- with default stipulation. Being aggrieved by the
impugned judgement of conviction and order of sentence dated 28.03.2008 passed
by Special Judge (Atrocities), Sheopur, District Sheopur in Special Sessions Trial
No. 234/2007 the accused / appellants have filed the instant criminal appeal.
4. Learned counsel for the accused/appellants argued that the appellants
have falsely been implicated in the case. It is further argued that there are
omissions and contradictions in the evidence of the prosecution witnesses. It is
further submitted that prosecution has not examined any independent witness, but
only interested witnesses have been examined. It is further argued that the
appellants being a young man aged about 22 and 32 years at the time of incident,
are facing the criminal proceedings from the date of incident i.e. 02.08.2006 to till
date and are suffering physically and mentally for the same and they were served
jail sentence for one or two days out of the total awarded sentence i.e. four months.
On these grounds, it is prayed that the appeal filed by the appellants deserve to be
allowed and the judgment of conviction deserves to be set aside.
5. In alternative leaned counsel for the appellants submits that appellants
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was in jail for one or two days during trial and the jail sentence was suspended by
the lower court and again the jail sentence was suspended by this Court. It is
submitted that looking to the nature of offence and the fact that appellants have
already served substantive part of jail sentence for one or two days, the same may
be reduced to the period already undergone and the amount of fine may reasonably
be enhanced.
6. Learned counsel for respondent / State submits that after due appreciation
of evidence, learned Court below has found the offence proved against the
appellant, which requires no interference. It is submitted that the appeal filed by
the appellant be dismissed.
7. From perusal of the record, this Court is of the view that no illegality has
been committed by the learned Court below in convicting the appellants, hence the
judgment of conviction passed by the learned Court below requires no interference
and is hereby maintained.
8. So far as the period of sentence is concerned, looking to the limited
prayer made by the counsel for the appellants and the nature of offence and the fact
that appellants who aged about 22 and 32 years at the time of incident are facing
the criminal proceedings since 2006 and have already served substantive period of
jail sentence, the purpose would be served in case the jail sentence awarded to the
appellants is reduced to the period already undergone. However, the amount of
fine is hereby enhanced under Sections 325/34, upto Rs.4,500/- for each of
appellant, in which Rs.500/- be set off as already deposited. Both the appellants
are to pay Rs.4000/- each as enhanced amount.
9. In the result, this appeal is partly allowed. The findings of conviction are
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4 CRA-287-2008
hereby maintained with the modification to the extent that the jail sentence
awarded to the appellants is reduced to the period already undergone subject to
depositing additional fine amount of Rs. 4,000/- (under Section 325/34 of IPC) for
each of appellant,which shall be payable to the trial Court within a period of two
months, failing which the appellants shall suffer jail sentence awarded by the
learned Court below. If appellants are in jail, they be set free forthwith, if not
required in any other case.
10. The appellants are on bail. His bail bond stand discharged.
11. All the pending I.A., if any, are also disposed of.
12. 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.
Certified copy as per rules.
(RAJESH KUMAR GUPTA )
JUDGE
mani
