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Madhya Pradesh High Court
Shankar vs The State Of Madhya Pradesh on 16 April, 2026
NEUTRAL CITATION NO. 2026:MPHC-JBP:29456
1 CRA-8972-2019
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE RAJENDRA KUMAR VANI
ON THE 16th OF APRIL, 2026
CRIMINAL APPEAL No. 8972 of 2019
SHANKAR AND OTHERS
Versus
THE STATE OF MADHYA PRADESH
Appearance:
None for the appellants.
Ms. Seema Jaiswal - Panel Lawyer for respondent.
JUDGMENT
Since nobody is appearing on behalf of the present appellants,
therefore, Mrs. Siddheshwari Mishra, Advocate is appointed as amicus
curiae to assist the Court.
This appeal has been filed by the appellants under Section 374(2) of
Cr.P.C. being aggrieved by the judgment of conviction and order of sentence
dated 30.08.2019 passed by the learned 2nd Additional Sessions Judge,
Bhopal District Bhopal (M.P.) in Session Trial No.153/2017, whereby the
present appellants (hereinafter referred to as the 'accused persons') have been
convicted under Sections 148, 324/149 and 323/149 of IPC and sentenced to
undergo RI for 01 year, 01 year and 03 months respectively and fine of
Rs.500/-, Rs.1000/- and Rs.500/- respectively, with default stipulations.
2.The prosecution case, in brief, is that complainant Jitendra Banjara,
P.W. 02, lodged a report at Bilkhiria Police Station stating that he lives in
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Haripura and works as a laborer. On 24.09.2006, at around 7:00 am, he was
having tea at home with his father Balu, P.W. 03, and brother Suresh, P.W.
05. At that time, Girdhari and Galla Banjara from the neighborhood came to
his house with axes, and Mukesh and Shankar came with sticks. All four
started abusing them, and began assaulting them. Girdhari and Galla attacked
with axes, while Mukesh and Shankar beat them with sticks. Girdhari and
Galla struck him and his father on the head with axes, and Mukesh and
Shankar caused injuries with sticks. When his mother Siyabai, P.W. 01, and
Suresh, P.W. 05, tried to intervene, they were also beaten with sticks. Later,
Girdhari's brother Babu arrived with a stick, hurled abuses, and assaulted
mother Siyabai and Suresh with the stick. The accused then left, threatening
to kill them. FIR bearing Crime No.217/2016 was lodged against the
accused persons under Sections 452, 307, 294, 506/34 of IPC vide Exhibit
P/3. Injured persons were medically examined. Spot map (Exhibit P/5) was
prepared. Memorandum of accused persons were recorded and seizure
memo Exbhit P/13 to P/17 was prepared.
3. After completion of investigation, a charge-sheet was filed in the
competent Court, which, on its turn, committed the case to the Court of
Sessions and from where it was received by the trial Court for trial.
4. The learned trial Judge on going through the evidence available in
the charge sheet framed charges against the present appellants/accused
persons for commission of offences punishable under Section, which they
denied and requested for the trial.
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5. The learned trial Judge after appreciating and marshalling the
evidence available on record has found the appellants/accused persons guilty
of the offence under Sections 148, 324//149 (on 2 counts) and Section
323/149 of IPC and as such convicted and sentenced them as mentioned in
paragraph-1 of this judgment. In this manner, the present appeal has been
filed by the appellants.
6. At the outset, learned counsel appearing as amicus curiae for the
appellants/accused has submitted that she does not wish to challenge the
conviction of the present appellants for the aforesaid offences. She has
submitted that the incident in question is of the year 2016. At the time of
incident, Shanker was 26 years of age while Mukesh was 24 years old at the
time of commission of offence, which is related to year 2016. Since then
around 10 years they are facing the trial. They are the first offender as per
para 54 of the impugned judgment. Appellants Shanker and Mukesh have
suffered incarceration from 26.9.2016 to 23.2.2017 i.e. total 150 days. They
remained cooperative during trial and also during pendency of this appeal.
On the date of offence, no criminal antecedents was there. Having regard to
the period of custody, absence of any criminal antecedents, prolonged
pendency of the proceedings since 2016 spanning more than 10 years and
their cooperative conduct, it is prayed that the sentence may be reduced to
the period already undergone while enhancing the fine amount suitably.
7.Learned counsel for the State supported the impugned judgment but
he has no objection on deciding the appeal on the point of sentence.
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8.Heard the learned counsel for the parties and perused the record.
9.After hearing learned counsel for both the parties and on perusal of
the record, it is found that the learned trial Court has rightly appreciated the
evidence on record and rightly convicted the appellants under Sections 148,
324/149 (on two counts) and 323/149 of IPC for causing injuries to victim.
Hence, the conviction of the present appellants needs no interference.
10. As regards sentence, taking into account the facts and
circumstances of the case, particularly the age of the appellants i.e. Shanker
was 26 years of age while Mukesh was 24 years old at the time of the
incident in the year 2016 and since then the appellants are facing agony of
trial, the period of incarceration suffered by them i.e. 150 days, their
cooperative conduct during trial coupled with the fact that they are the first
offenders and the submissions made by learned counsel for the appellants,
this Court is of the view that the ends of justice would be met if the
substantive jail sentence is reduced to the period already undergone by them,
while suitably enhancing the fine amount.
11. Accordingly, while affirming the conviction of the
appellants/accused persons under Section 148, 324/149 (on 2 counts) and
Section 323/149 of IPC, the sentence of imprisonment is reduced to the
period already undergone by them and the fine is enhanced under Section
148 and 323/149 of IPC from Rs.500/- each to Rs.1,000/- each; under
Section 324/149 (on 2 counts) from Rs.1000/- to Rs.5000/- each. The
enhanced fine amount shall be deposited by the appellants within a period of
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two months from today, failing which they shall undergo the sentence as
originally awarded by the learned trial Court. The fine amount, if any already
deposited by the appellants be adjusted against the aforesaid amount of fine.
The entire amount of fine deposited by the appellants under the aforesaid
Sections be paid to injured/victim as compensation under Section 357 of
Cr.P.C.
12.The appellants are on bail. Their bail bonds shall stand discharged.
13.The order of the learned trial Court pertaining to disposal of the
property is hereby affirmed.
14.Let record of the learned trial Court along with copy of this order
be sent back to the concerned trial Court for information and necessary
compliance.
15.With the aforesaid, these appeals stand disposed of.
16. Mrs. Siddheshwari Mishra, learned amicus curiae, is entitled to
receive remuneration from the Madhya Pradesh High Court Legal Services
Authority for the valuable assistance rendered to this Court in the
adjudication of the present appeal.
(RAJENDRA KUMAR VANI)
JUDGE
mrs. mishra
