Madhya Pradesh High Court
Ramprashad Sen vs State Of M.P. on 22 September, 2025
Author: Anil Verma
Bench: Anil Verma
NEUTRAL CITATION NO. 2025:MPHC-GWL:23336
1 CRA-355-2014
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE ANIL VERMA
ON THE 22nd OF SEPTEMBER, 2025
CRIMINAL APPEAL No. 355 of 2014
RAMPRASHAD SEN
Versus
STATE OF M.P.
Appearance:
Shri B.S.Gaur - Advocate appeared through Legal Aid.
Shri P.K.Kulshreshtha - AAG for the respondent/State.
ORDER
Nobody appeared on behalf of the appellant.
This criminal appeal is pending since 2014, therefore, in the interest of justice,
Shri B.S.Gaur 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 appellant.
2. Appellant has preferred this criminal appeal under Section 374 of Code of
Criminal Procedure (in short "Cr.P.C.") being aggrieved by the impugned judgment
dated 17.02.2014 passed by 2nd Additional Sessions Judge, Vidisha in Sessions Trial
No.48 of 2013, whereby the appellant has been convicted under Section 325 and 323
of Indian Penal Code (in short "IPC") and sentenced to undergo 2 years RI with fine of
Rs.2000/- and one year RI with fine of Rs.500/- respectively, with usual default
stipulations.
3. Brief facts of the case are that, on 07.10.2012, at about 9 AM, when
complainant Kishan Singh was in front of his home, at that time, appellant along with
other co-accused persons armed with stick and rod came there. They started abusing
NEUTRAL CITATION NO. 2025:MPHC-GWL:23336
2 CRA-355-2014
complainant. When he objected, then, all of them beat him by means of rod and danda.
When complainant raised alarm, Rajendra, Yogendra and Bhanu came for his rescue.
They also threatened him to kill to kill. Complainant lodged FIR at PS Ganjbasoda
distt. Vidisha. Accordingly, offence has been registered against the accused person.
4. After completion of investigation, charge-sheet has been filed before the
JMFC, Ganjbasoda who committed the case to the court of sessions. Later on, the case
has been transferred to Sessions Court Ganj Basoda Distt. Vidisha. The trial court
framed charges under Sections 326/34, 325, 294 and 506 Part II of IPC.
5. Appellant abjured his guilt and pleaded complete innocence. Prosecution has
examined as many as 5 witnesses, while defence has examined only one witness.
6. The Trial Court after completion of trial and scrutinizing the evidence
available on record has convicted and sentenced the appellant for the aforesaid
offences. Being aggrieved by the aforesaid, appellant has preferred this appeal.
7. During course of the arguments, learned counsel for the appellant did not press
this criminal appeal on merits and he is only assailing the sentencing part of the
impugned judgment. He confined his argument on the point of sentence only. The
appellant is facing trial for long 13 years. Appellant has suffered jail incarceration of
about 23 days. Now, he has turned about 74 years of age. He is not having any criminal
past. He has deposited the fine amount. Consequently, leaned counsel for the appellant
prays for reduction of jail sentence to the period already undergone by the appellant.
8. Per contra, learned counsel for the respondent/State opposed the prayer and
prays for its rejection by supporting the impugned judgment.
9. After considering the rival submissions and on perusal of the record,
submissions of learned counsel for the appellant appears to be just and proper and
conviction has not been challenged by the appellant, therefore, it will be appropriate to
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3 CRA-355-2014
partly allow the appeal by affirming the conviction of the appellant, however, reducing
the jail sentence to the period already undergone by him. Accordingly, the appeal is
partly allowed by maintaining the conviction of the appellant, but reducing the jail
sentence to the period already undergone by the appellant. However, the fine imposed
upon the appellant is maintained and if the appellant fails to pay the fine amount, he
shall undergo imprisonment as awarded by the Trial Court.
10. The appellant is on bail. His bail bond stand discharged.
11. All the pending IA, if any, are also disposed of.
12. 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.
13. 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.
14. Certified copy as per rules.
(ANIL VERMA)
JUDGE
Rks
