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Madhya Pradesh High Court

Devchand vs The State Of Madhya Pradesh on 16 March, 2023

Author: Anil Verma

Bench: Anil Verma

                                                             1
                           IN     THE       HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                       BEFORE
                                           HON'BLE SHRI JUSTICE ANIL VERMA
                                                ON THE 16 th OF MARCH, 2023
                                            CRIMINAL APPEAL No. 10780 of 2022

                          BETWEEN:-
                          DEVCHAND S/O SAKRIYA MEDA, AGED ABOUT 32
                          YEARS, OCCUPATION: AGRICULTURIST, R/O VILLAGE
                          ASALIYA, P.S. PETLAWAD, DISTRICT JHABUA (MADHYA
                          PRADESH)

                                                                                           .....APPELLANT
                          (BY MR. YASH PAL RATHORE - ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH STATION HOUSE
                          OFFICER THROUGH POLICE STATION PETLAWAD,
                          DISTRICT JHABUA (MADHYA PRADESH)

                                                                                         .....RESPONDENT
                          (BY MS. VARSHA THAKUR - DEPUTY GOVT. ADVOCATE)

                                This appeal coming on for admission this day, th e court passed the
                          following:
                                                            JUDGMENT

With the consent of both the parties, matter is heard finally. This criminal appeal under Section 374 of Code of Criminal Procedure, 1973 (in short 'Cr.P.C.') has been filed by the appellant being aggrieved by impugned judgment dated 29/10/2022 passed by the Additional Sessions Judge, Petlawad, District Jhabua (M.P.) in Sessions Trial No.36/2019, whereby the appellant has been convicted for offence under Section 304 (Part- I) of Indian Penal Code, 1860 (in short 'IPC') and sentenced to under go 04 years RI with fine of Rs.5,000/- with usual default stipulation.

The brief facts of the case are that the complainant has launched an FIR at Police Station Petlawad stating that he has received an information that his son Udaysingh was found dead in well. Police registered the offence at Crime No.408/2019. During the merg investigation it has been gathered that due to some previous enmity appellant Devchand has thrown the deceased Udaysingh into the well with an intention to kill him. Accordingly, offence has been registered.

Dr. Dharmesh Baghel, Medical Officer, CHC, Petlawad conducted the postmortem of he deceased and opined that deceased died due to drowning. During the investigation accused was arrested. Investigating Officer prepared the spot map and vehicle "Magic Tempo" has been seized from the possession of the appellant.

After completion of the investigation, charge sheet has been filed against the appellant before the Judicial Magistrate First Class, Petlawad, who has committed the case to the Sessions Court, Jhabua, which was ultimately transferred to the Additional Sessions Judge, Petlawad, Jhabua. The trial Court has framed the charges under Section 302 of IPC. The appellant abjured his guilt and took a plea that he has been falsely implicated in this offence. In order to prove the charges, prosecution has examined as many as 13 witnesses, but defence did not examine any witness.

The trial Court after considering the submissions advanced by both the parties and scrutinizing the entire evidence available on record, convicted the appellant under Section 304(Part-II) of IPC and sentenced him as mentioned herein above. Being aggrieved by the judgment of conviction and sentence, the appellant has preferred this appeal before this Court.

The appellant has preferred this criminal appeal on several grounds but Signed by: TEJPRAKASH VYAS Signing time: 3/17/2023 2:58:26 PM 3 during the course of arguments, learned counsel for the appellant submits that he does not want to press this appeal on merit and do not assail the finding part of judgment. He confines his argument on the point of quantum of sentence only. He submits that appellant is facing trial for last three and half years. He is languishing in jail from 19/07/2019 to till now, meaning thereby, he has suffered jail incarceration for a period of more than 03 years and 08 months. During the trial as well as during the pendency of this appeal, appellant has co-operated in the matter. He is a poor person having no criminal past. Hence, he prays that appeal be allowed and the sentence awarded to the appellant be reduced to the period already undergone by him.

Per contra, learned counsel for the respondent/State opposes the prayer made by learned counsel for the appellant by submitting that trial Court has rightly convicted and sentenced the appellant and there is no need to interfere with the sentence awarded to him by the trial Court.

Having considered the rival submissions and on perusal of the record, the submission of the learned counsel for the appellant appears to be just and proper. Hence, finding force in the contention raised by the learned counsel for the appellant and the fact that the appellant is suffering the ordeal of criminal case since 2019, this Court finds it expedient to partly allow this appeal by affirming the conviction of the appellant, however, by reducing the sentence to the period already undergone by the appellant.

Accordingly, this criminal appeal is partly allowed and the sentence awarded to the appellant is hereby reduced to the sentence already undergone by him. Since the appellant is in jail, he be released forthwith. His bail bond stands discharged.

Let a copy of this order along with the record be sent to the concerned trial Court for information and necessary compliance.

Certified copy as per rules.

(ANIL VERMA) JUDGE Tej Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 3/17/2023 2:58:26 PM