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CDJ 2026 MPHC 248 My Notes print Preview print print
Court : High Court of Madhya Pradesh (Bench at Indore)
Case No : Criminal Appeal No. 513 Of 2017
Judges: THE HONOURABLE MR. JUSTICE GAJENDRA SINGH
Parties : Bheru Versus The State Of Madhya Pradesh
Appearing Advocates : For the Appellant: Rajesh Yadav, Advocate. For the Respondent: Ambuj Patel, Govt. Advocate.
Date of Judgment : 03-08-2026
Head Note :-
Criminal Procedure Code - Section 374(2) -

Comparative Citation:
2026 MPHC-IND 21322,
Judgment :-

1. This criminal appeal under Section 374(2) of the Cr.P.C. is preferred being aggrieved by the judgment dated 18.02.2017 by Additional Sessions Judge, Khachrod, Ujjain in ST No.258/2007 whereby; appellant has been convicted and sentenced him under section 324/34 of the IPC for causing injury to Ritesh and also found him guilty under section 324 of the IPC for causing injury to Shivaji and sentenced to undergo 2-2 years R.I. with fine of Rs.1,000/- - 1,000/- and in default of payment of fine, 2 months additional R.I. and also found guilty under section 25/17 of the Arms Act, 1959 and sentenced him to undergo 2 years R.I. with fine of Rs.1,000/- and default stipulations of two months additional R.I.

2. All the substantive sentences are ordered to run concurrently as per para 51 of the judgment.

3. As per the prosecution story, on 26.5.2007, at about 10:20 PM the appellant and co-accused Vipin entered in complainant's shop when asked them to go out of the shop, the appellant Bheru took a Katta from his friend Vipin and fired on the complainant and he sustained bullet injury on his thigh. They tried to caught hold the accused persons but somehow the accused ran away from the spot. The katta was left on the spot. The said report was lodged at PS Khachrod at Crime No. 266/2007 U/s 307/34 and 450 of the IPC.

4. Learned counsel for the appellant submits that the criminal appeal bearing No.514/2017 preferred by co-accused Vipin has been disposed with the finding which are being reproduced as below:-

          "11. Accordingly, this Criminal Appeal is partly allowed and the sentence of the appellant is hereby reduced to the period already undergone by enhancing the fine amount under Sections 324/34 of IPC from Rs. 1000/- to Rs. 10,000/- and under Section 25/27 of Arms Act from Rs. 1,000/- to Rs. 10,000/- In case of failure to deposit the fine amount, the appellant shall further undergo for three months simple imprisonment for each offence".

5. In light of above finding recorded in CRA No.514 of 2017, counsel for the appellant prayed that the present appellant is also entitled for the same relief.

Heard.

6. Counsel for the respondent/State opposed the criminal appeal.

Perused the record.

7. Considering the facts and circumstances of the case and particularly the fact that the co-accused Vipin, arising out of the same incident and convicted by the same judgment, has already been granted the benefit of reduction of sentence by this Court, this Court is of the opinion that the present appellant is also entitled to the same relief on the ground of parity.

8. Accordingly, while affirming the conviction of the appellant under Sections 324/34 and 324 of the IPC and Section 25/27 of the Arms Act, the substantive sentence awarded to the appellant is reduced to the period already undergone. However, the fine amount is enhanced from Rs.1,000/- to Rs.10,000/- under Section 324/34 of the IPC and from Rs.1,000/- to Rs.10,000/- under Section 25/27 of the Arms Act. The fine imposed under Section 324 of the IPC shall remain unaltered. In case the enhanced fine amount is not deposited within a period of ninety days from the date of this order, the appellant shall undergo three months' simple imprisonment for each of the aforesaid offences in default.

9. Subject to deposit of the enhanced fine amount, the appeal stands partly allowed in the above terms. The conviction recorded by the trial Court is affirmed, with the modification in sentence as indicated hereinabove.

10. Out of the total fine amount, Rs.10,000/- shall be paid to the complainant Ritesh as compensation under Section 357(3) of Cr.P.C. by the trial.

11. The fine amount, if already deposited as well as the compensationamount paid to the injured if any shall be adjusted.

12. If the appellant fails to deposit the fine amount, he will suffer 02 months of simple imprisonment in default and thereafter completion of the same, he shall be released from jail, if not required in any other case.

13. In view of the aforesaid, this criminal appeal is partly allowed and disposed of.

14. Copy of judgment be provided to the appellant/accused through concerned Jail Superintendent.

15. Copy of judgment alongwith record be remitted back to the trial court concerned for necessary compliance and information.
 
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