Pooran Singh vs State Of M.P.
2025 Latest Caselaw 1356 MP

Madhya Pradesh High Court

Pooran Singh vs State Of M.P. on 9 July, 2025

Author: Anil Verma

Bench: Anil Verma

         NEUTRAL CITATION NO. 2025:MPHC-GWL:14094




                                                              1                               CRA-33-2010
                             IN     THE      HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                         BEFORE
                                             HON'BLE SHRI JUSTICE ANIL VERMA
                                                     ON THE 9 th OF JULY, 2025
                                               CRIMINAL APPEAL No. 33 of 2010
                                                 POORAN SINGH AND OTHERS
                                                          Versus
                                                      STATE OF M.P.
                          Appearance:
                                  Shri Vijay Kumar Jha, Advocate for appellants through Legal Aid.

                                  Shri Mohit Shivhare, Public Prosecutor for State.

                                                                  ORDER

On the last date of hearing i.e. on 3.7.2025, no one marked presence on behalf of appellants.

This appeal is pending since 2010. Therefore, in the interest of justice, Shri Vijay Kumar Jha, Panel Lawyer is appointed through High Court Legal Aid Committee, Gwalior.

A copy of this order be sent to the Legal Aid Committee, Gwalior to represent the appellants.

A copy of this order be sent to the Secretary, High Court Legal Aid Committee, Gwalior for necessary action.

Heard both the parties finally.

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 17.12.2009 passed by First Additional Sessions

NEUTRAL CITATION NO. 2025:MPHC-GWL:14094

2 CRA-33-2010 Judge, Dabra, District Gwalior in S.T.No.126/2009, whereby the appellants have been convicted for the offence under Section 323, 323/34 of IPC and sentenced to undergo six months RI.

2. Prosecution story, in short, is that on 5.8.2007 at about 2:30 PM when complainant Damodar was cleaning his drain, at that time, Kamla came there and told him that why he is throwing garbage in their place and she called other accused persons/appellants. Thereafter, appellants abused the complainant in filthy language and committed marpeet with complainant Damodar. When the wife of complainant Vidya and son Dileep came there, they were also beaten by appellants. Vidya and Phulwati sustained injuries which has been caused by Hakim. Complainant lodged FIR at P.S. Antri,

District Gwalior. MLC of the victim persons was conducted by Dr. Arvind Kumar Sharma. After completion of investigation, charge-sheet has been filed before JMFC, Dabra, District Gwalior who has committed the case to the Court of Sessions. Later on, matter has been transferred to the First Additional Sessions Judge, Dabra, District Gwalior.

3. The Trial Court has framed the charges under Sections 323, 323/34, 324, 324/34 of IPC against the appellants/accused persons.

4. Appellants abjured their guilt and took a plea that they have been falsely implicated in the matter.

5. Prosecution has examined as many as 8 witnesses while defense is not examined any witness.

NEUTRAL CITATION NO. 2025:MPHC-GWL:14094

3 CRA-33-2010

6. The Trial Court after completion of trial and scrutinizing the evidence available on record, convicted and sentenced the appellants for the aforesaid offence. Being aggrieved by the aforesaid conviction and sentence, the appellants preferred this appeal before this Court.

7. During course of the argument, 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. Appellants have faced trial for long 18 years. Appellants have no criminal past. Consequently, learned counsel for the appellants prays for reduction of jail sentence to the period already undergone by the appellants.

8 . Per contra, learned counsel for the respondent/State opposed the prayer and prays for its rejection by supporting the impugned judgment.

9. 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 by imposing the fine amount.

10. 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 as well as the fact that appellants are facing the criminal proceedings since last 18 years, therefore, the jail sentence awarded to the appellants is

reduced to the period already undergone by them by imposing the fine amount of Rs.500/- for offence under Section 323 of IPC.

NEUTRAL CITATION NO. 2025:MPHC-GWL:14094

4 CRA-33-2010

11. In the result, this appeal is partly allowed. The findings of conviction are 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 the aforesaid imposed fine amount which shall be deposited before the trial Court concerned within a period of two months, failing which the appellants shall suffer jail sentence awarded by the learned Court below. Appellants are on bail. Their bail bonds and surety bond shall stand discharged.

12. With the aforesaid modification, the appeal stands disposed of.

13. Certified Copy as per rules.

(ANIL VERMA) JUDGE R