Kedar Nagar vs The State Of Madhya Pradesh on 22 September, 2023

[Cites 3, Cited by 1]

Madhya Pradesh High Court

Kedar Nagar vs The State Of Madhya Pradesh on 22 September, 2023

Bench: Prem Narayan Singh

                                                             1
                           IN     THE       HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                    BEFORE
                                   HON'BLE SHRI JUSTICE PREM NARAYAN SINGH
                                            ON THE 22 nd OF SEPTEMBER, 2023
                                            CRIMINAL APPEAL No. 9091 of 2023

                          BETWEEN:-
                          KEDAR NAGAR S/O RAMLAL NAGAR, AGED ABOUT 45
                          YEAR S , OCCUPATION: AGRICULTURE 41-B, MITRA
                          BANDHU NAGAR, KANADIYA ROAD, INDORE (MADHYA
                          PRADESH)

                                                                                        .....APPELLANT
                          (SHRI VISHWAMBHAR VARANGAONKAR, ADVOCATE).

                          AND
                          THE STATE OF MADHYA PRADESH STATION HOUSE
                          OFFICER THROUGH POLICE STATION NALKHEDA,
                          DISTT. SHAJAPUR (MADHYA PRADESH)

                                                                                     .....RESPONDENTS
                          ( SHRI RAJESH JOSHI-GOVERNMENT ADVOCATE)

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

With consent of the parties heard finally.

1. This criminal appeal has been filed under Section 374 of Cr.P.C. by the appellant being aggrieved by the judgment dated 24.06.2023, passed by the learned Special Judge of the SC/ST (Prevention of Atrocities) Act, Shajapur in ST No. 400064/2016 whereby the appellant has been convicted for offence under Section 420 of IPC and sentenced for 05 years R.I. and fine of Rs.2,000/- and under Section 6(1) of M.P. Nikshepako Ka Sanrakshan Adhiniyam and sentenced for 05 years S.I. and fine of Rs.50,000/-, with default Signature Not Verified Signed by: VINDESH RAIKWAR Signing time: 9/23/2023 3:38:10 PM 2 stipulations.

2. The appellant has preferred this criminal appeal on several grounds but during the course of arguments, learned counsel for the appellant did not press this appeal on merits and has not assailed the finding part of judgment. He confines his argument on the point of sentence only and prays that since the appellant has already undergone 4 years and 10 months in jail incarceration out of the total sentence of five years, his sentence be reduced to the period already undergone. It is further submitted that this appeal be partly allowed and the sentence awarded to the appellant be reduced to the period already undergone by enhancing the fine amount or as the Court deems fit.

3 . Learned counsel for the State on the other hand supports the impugned judgment and prays for dismissal of this appeal.

4. Having considered the rival submissions and on perusal of the record, the submissions of the learned counsel for the appellant appears to be just and proper.

5 . However, the learned trial Court has not committed any error in appreciation of evidence available on record. Further, it is found that the prosecution case has been well supported by the testimony of witnesses as well as complainant. The learned Court below has well considered the material available on record, hence, no infirmity is found in the impugned order of conviction passed by the Court below, accordingly, the same is upheld.

6. So far as, the sentence of the appellant is concerned, in view of the submissions made by the counsel for the appellant that the appellant has completed approximately 4 years and 10 months of his jail sentence out of 5 the years, this Court finds it expedient to partly allow this appeal by affirming the conviction and sentence of the appellant.

Signature Not Verified Signed by: VINDESH RAIKWAR Signing time: 9/23/2023 3:38:10 PM 3

7.Accordingly, this criminal appeal is partly allowed and the sentence awarded to the appellant is hereby reduced to the sentence already undergone (4 years, 10 months) subject to deposit the fine amount as awarded by learned trial Court. The fine amount, if already deposited as well as the compensation amount paid to the complainant, if any, shall be adjusted. The bail bond of the appellant shall be discharged after depositing of the fine amount. If the appellant fails to deposit the fine amount, he will suffer two months of simple imprisonment in default.

8 . Appellant be released forthwith if he is not required in any other criminal case.

9. A copy of this order be sent to the concerned trial Court for necessary compliance.

10. Pending application, if any, stands closed.

11. With the aforesaid, the present appeal stands disposed off. Certified copy, as per rules.

(PREM NARAYAN SINGH) JUDGE VD Signature Not Verified Signed by: VINDESH RAIKWAR Signing time: 9/23/2023 3:38:10 PM

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