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2023 DIGILAW 564 (MP)

Khalka @ Kholak Singh v. State of M. P.

2023-05-08

DEEPAK KUMAR AGARWAL

body2023
ORDER 1. This appeal has been filed by the appellants under section 374 (2) of Cr.P.C. against the judgment of conviction and sentence dated 5.7.2011 passed by Additional Session Session Judge, Karera, District- Shivpuri (M.P.) in S.T. No.95/2010, whereby the appellants have been convicted and sentenced as under: Appellant Section Sentence Fine Default Stipulation Khalka @ Khalak Singh 323 of IPC 6 Months RI Rs. 500/- 1 Month RI Jaswant Singh 325 of IPC 2 Years RI Rs. 1000/- 3 Months RI Santosh Singh 323 of IPC 6 Months RI Rs. 500/- 1 Month RI 2. Prosecution story, in short, is that on 17.11.2009 at about 4-5 PM, complainant alongwith his wife and daughter-in-law were working in the field, at that time, appellant No.1 came there and said that he ploughed his field. When the complainant objected the same, appellants started abusing him. When he stopped them not to abuse, appellants assaulted him and his wife by means of Axe, due to which, they received injuries. Thereafter, they ran away from the spot threatening them to dire consequences. On the basis of aforesaid, FIR was registered against the appellants. 3. Learned counsel for the appellants submits that incident is of the year 2009 and more than 13 years have lapsed. Appellants have never served in custody for a single day. The fine amount has already been deposited by them. As far as the sentence of the appellants for the aforesaid offences is concerned, it is submitted by counsel for the appellants that by enhancing the fine amount suitably under Sections 323 & 325 of IPC, the substantive jail sentence awarded to the appellants may be reduced to the period already undergone by them. 4. Learned counsel for the respondent/State while opposing the appeal has submitted that the learned Court below arrived on the appropriate finding and rightly passed the impugned judgment of conviction and sentence. 5. Looking to the facts and circumstances of the case, ends of justice would meet if while reducing the jail sentence of the appellants to the period already undergone by them for the offence under section 323 of IPC, the fine amount is enhanced from Rs.500/- to Rs.1000/ each and for the offence under section 325 of IPC, the fine amount is enhanced from Rs.1000/- to Rs.15,000/- each. Accordingly, while affirming the conviction of the appellants for the aforesaid offence, jail sentence of the appellants is reduced to the period already undergone by them but fine amount is enhanced as indicated above to be deposited by them which shall be payable to the injured persons on adjustment of fine amount as already deposited by them before the trial Court within a period of two months from today, failing which the appellants will have to suffer further one month and three months imprisonment as awarded by the Court below. The amount of fine so deposited by the appellants be given to the complainant/injured/victim as directed above under section 357 of Cr.P.C on due verification of identity of them. In view of the above, this appeal is finally disposed of.