[Cites 5, Cited by 0]
Madhya Pradesh High Court
Kaushal Singh And Ors. vs The State Of M.P. on 20 January, 2026
Author: Avanindra Kumar Singh
Bench: Avanindra Kumar Singh
NEUTRAL CITATION NO. 2026:MPHC-JBP:5468
1 CRA-1427-2005
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE AVANINDRA KUMAR SINGH
ON THE 20th OF JANUARY, 2026
CRIMINAL APPEAL No. 1427 of 2005
KAUSHAL SINGH AND ORS. AND OTHERS
Versus
THE STATE OF M.P.
Appearance:
Shri S.M. Shukla - Advocate for the appellants.
Ms. Shakti Tripathi - learned Panel Lawyer for the State.
ORDER
Custody report as sought vide order dated 19.01.2026 has been
received from the Jail, Sidhi, vide letter No. 63 dated 19.1.2026 by which it
is informed that appellants Babulal Yadav, Munnalal Baiga and Gourai @
Ishwardin Baiga are in jail from 17.12.2025 till date.
2. This appeal arises against the judgment dated 8.7.2005 passed by II
Additional Sessions Judge, Sidhi in Sessions Trial No. 13/2002 - State of
M.P. through P.S. Kusmi District Sidhi v. Koushal Singh and others
convicting the appellants under Section 148 I.P.C and sentencing them to
undergo R.I. for six months each with fine of Rs.200/- each with default
stipulation, under Section323/149 I.P.C and sentencing them to undergo R.I.
for six months each and fine of Rs.200/- each with default stipulation and
Section 325/149 I.P.C and sentenced them to undergo R.I. for two years each
with fine of Rs.600/- each with default stipulation. It is seen that total eight
accused persons were convicted out of which, as of now five persons have
NEUTRAL CITATION NO. 2026:MPHC-JBP:5468
2 CRA-1427-2005
expired and only Gourai @ Ishwardin, Babulal and Munnalal @ Munna
Baiga remain.
3. Learned counsel for the appellants submits that he is not pressing
his appeal against the conviction but seeking a prayer that sentence may be
reduced to the period already undergone.
4. Looking to the old pendency of the appeal, learned Panel Lawyer
has no objection.
5. Perused the statement of P.W.-1 Rajbhan, P.W.-2 Moolchand,
P.W.-3 Shivcharan, P.W.-4 Dr. C.L. Singh who examined Moolchand and
found that he was unconscious and having injury on head and wound on head
and injury was of grievous nature. There were other injuries as mentioned in
the deposition sheet. He also examined injured Rajbhan and found no
fracture on head. In the X ray of Moolchand there was a fracture in parietal
region on right side. P.W-5 Vanshmani, P.W.-6 Devcharan Yadav, P.W.-7
Ramvishal, P.W.-8 Krishnpal Dubey, P.W.-9 Jaiveer Singh, statement of
accused under Section 313, Cr.P.C. Therefore, conviction is well justified
and hence appeal against conviction is dismissed.
6. Considered on the quantum of sentence.
7. As per the note in the jail warrant to undergo sentence it is seen that
during trial accused remained in jail for three days and after the judgment on
8.7.2005, accused were sent to jail and on 21.7.2005 their sentence was
suspended by this Court and bail was verified on 8.8.2005. Therefore, jail
sentence of remaining three accused as mentioned above is reduced to the
period already undergone by them; however, the fine amount is raised so that
NEUTRAL CITATION NO. 2026:MPHC-JBP:5468
3 CRA-1427-2005
compensation can be given to injured who suffered grievous injury.
8. Accordingly fine amount of each accused is enhanced from
Rs.200/- to Rs.1000/- for the offence under Section 148 I.P.C, Rs.200/- each
to Rs.1000/- each for the offence under Section 323/149 I.P.C and Rs.600/-
to Rs.5000/- for the offence under Section 325/149 I.P.C in default to
undergo the default sentence as awarded by the learned trial Court.
Previously deposited fine amount shall be adjusted with the enhanced fine
amount. The amount of Rs.5,600 X 3 = Rs.16,800/- shall be given to injury
Moolchand by the trial Court towards compensation.
9. Accordingly the present Criminal Appeal stands disposed of.
Certified copy today.
(AVANINDRA KUMAR SINGH)
JUDGE
VKT
