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Madhya Pradesh High Court · body

2012 DIGILAW 162 (MP)

Mukesh v. State of M. P.

2012-02-03

M.C.GARG

body2012
JUDGMENT : Learnedappellant's counsel submits that the appellant has already undergone thecustodial sentence for number of months, in as much as, after passing of theimpugned judgment, he remained in judicial custody since 20.8.04. He wasreleased on bail vide order dated 4.10.04. Learned counsel also submits thatappellant is not a previous convict. The appellant has inflicted only oneinjury on the deceased which was simple in nature and was not inflicted with anintention to cause death of the deceased. Learned counsel, therefore, prayedthat in this case appellant deserves to be granted the benefit of theprovisions of Probation of Offenders Act. Onthe other hand, learned Govt. Advocate submits that in this case, consideringthe nature of injury inflicted on the body of the deceased by the appellant andhis associates, the appellant does not deserve to be released on probation.Considering all the facts of this case and the cause of death of the deceasedand role assigned to the appellant which involves infliction of only a singleinjury from the blunt side of Pharsa which injury isnot responsible for death of the deceased who died on account rupture of leverwhich is attributable to other accused persons, who have not been identifiedand brought to the books even till date. The offence for which the appellantcan be convicted only for offence under sec. 324 of the Penal Code wherein thesentence which can be imposed upon the accused can be imprisonment of eitherdescription for a term which may extend to three years, or with fine, or withboth. Inview of aforesaid discussions, the appeal is partly allowed. The finding ofconviction is altered to sec. 324 of the Penal Cede and the appellant issentenced to the period already undergone, subject to the payment of Rs . 25,000/- as compensation which shall be disbursed tothe legal representatives of the deceased. The amount shall be deposited beforethe Trial Court within one month hereof. In the event the amount is notdeposited then the sentence is reduced to the period of three years, theappellant shall surrender before the trial court and shall suffer the custodialsentence of three years. The Trial Court shall take appropriate steps in thisregard. CCas per rules.