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Madhya Pradesh High Court
Pappu @ Bheekamsingh vs State Of M.P. on 2 December, 2025
NEUTRAL CITATION NO. 2025:MPHC-GWL:31250
1 CRA-172-2009
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE RAJESH KUMAR GUPTA
ON THE 2 nd OF DECEMBER, 2025
CRIMINAL APPEAL No. 172 of 2009
PAPPU @ BHEEKAMSINGH
Versus
STATE OF M.P.
Appearance:
Shri M.L.Yadav - Advocate for the appellant.
Shri Puran Kumar Kulshreshtha - Additional Advocate General for the
respondent/State.
ORDER
Appellant Pappu @ Bheekam Singh is present in person. He is duly
identified by His counsel.
1. The present appeal has been preferred by the appellant under section
374 of Criminal Procedure Code, 1973 assailing the judgment of conviction
and order of sentence dated 06.02.2009 passed by Second Additional
Sessions Judge, Dabra District Gwalior in Sessions Trial No. 41/2008 by
which, the appellant/accused has been convicted for the offence punishable
under Sections 279 and 337 of IPC and sentenced him to undergo rigorous
imprisonment for six months and six months with fine of Rs.1,000/- and
Rs.500/- respectively with default stipulation.
2. As per prosecution story, on 09.12.2007 Bunti @ Rajendra Singh
was driving his jeep in which one Bikendra Singh Rawat was seated in back
NEUTRAL CITATION NO. 2025:MPHC-GWL:31250
2 CRA-172-2009
seat of the jeep. At that time, the appellant/accused Pappu @ Bheekam
Singh has driven the bus No.M.P.08D9567 with rash and negligent manner
and hit the jeep of Pappu @ Bheekam but the complainant was jumped from
the back seat and came front side of the jeep, due to which he was saved. 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/
appellant for the offence punishable under Sections 279 and 337 of IPC and
sentenced him to undergo maximum rigorous imprisonment for six months
with maximum fine of Rs. 1000/- with default stipulation. Being aggrieved
by the impugned judgement of conviction and order of sentence dated
06.02.2009 passed by Second Additional Sessions Judge, Dabra District
Gwalior in Sessions Trial No.41/2008, the accused / appellant has filed the
instant criminal appeal.
4. Learned counsel for the accused/appellant argued that the appellant
has 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 appellant being aged about 49 years at that time of incident, is
facing the criminal proceedings from the date of incident i.e. 09.12.2007 to
till date and is suffering physically and mentally for the same and has already
served approximately 21 days out of the total awarded sentence i.e. six
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3 CRA-172-2009
months. On these grounds, it is prayed that the appeal filed by the appellant
deserves to be allowed and the judgment of conviction deserves to be set
aside.
5. In alternative leaned counsel for the appellant submits that appellant
was in jail for some time 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 appellant has
already served substantive part of jail sentence i.e. approximately 21 days,
the same may be reduced to the period already undergone.
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
appellant, 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 appellant and the nature of offence and
the fact that appellant who is aged about 49 years is facing the criminal
proceedings since 2007 and has already served substantive period of jail
sentence the purpose would be served in case the jail sentence awarded to the
appellant is reduced to the period already undergone.
9. In the result, this appeal is partly allowed. The findings of
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4 CRA-172-2009
conviction are hereby maintained with the modification to the extent that the
jail sentence awarded to the appellant is reduced to the period already
undergone subject to depositing an additional amount of Rs.5,000/- as
compensation. He will deposit Rs.5000/- in trial Court within a period of
two months, which shall be disbursed by trial Court to the complainant
Bikendra Singh Rawat, failing which the appellant shall suffer jail sentence
awarded by the learned Court below. If appellant is in jail, he be set free
forthwith, if not required in any other case.
10. The appellant is on bail. His bail bonds 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
