Bholaram And Others vs State Of Madhya Pradesh

Submissions were sought to be made on the application for suspension of jail sentence of the applicants in this matter. However, learned counsel for the applicants seek to make final submissions at motion hearing stage. He submits that he would not challenge the order of conviction pronounced by both the Courts below but would press on the quantum of sentence only.

Prayer is allowed.

Final submissions were made on this criminal revision filed under Section 397 read with 401 of Cr.P.C. arising out of judgment of the Additional Sessions Judge & Special Judge (Electricity Act), Indore in Criminal Appeal No.768/2014 pronounced on 29.11.2018, whereby the Appellate Court has affirmed the conviction order of the Judicial Magistrate First Class, Sanver, District Indore in Criminal Case No.702/2005 passed on 27.10.2014, whereby each of the applicants have been convicted under Sections 147, 341, 332/149 and 427 of IPC and sentenced each of them with 6 months RI, 7 days SI, 1year RI and 6 months RI respectively.

As per the prosecution story, on 09.09.2005 at around 18.25 hours Chowki Incharge of Police Chowki Chandrawatiganj, Sanver, District Indore received an intimation regarding possession of country made liquor behind the house of applicant Saligram. The police party raided the spot but applicant Saligram fled from the spot. Both the complainants namely, Constable Prabhulal and Head Constable Manoj picked up a can of country liquor each and started proceeding along with Jagatsingh Kushwah towards Chandrawatiganj Chowki and at that point of time, applicant Saligram stopped them and asked them to hand over the liquor back to him and told that he would not allow the liquor to be taken to the police chowki. Thereafter, rest of the applicants also joined them in support and an altercation ensued and all the applicants assaulted the three police personnels, who suffered injuries. The applicants also damaged the motorcycle on which the complainants Manoj and Prabhulal were moved. The complainant thereafter took out his service revolver and warned applicants and thereafter, applicants fled from the spot.

The report was subsequently, lodged under Sections 147, 148, 149, 341, 353, 332 and 427 of IPC. Investigation was carried out and charge-sheet was filed. The JMFC, Sanver, Indore thereafter framed charges under Sections 147, 341, 353/149, 332/149 and 427 of IPC against the applicants.

The applicants abjured their guilt and thereafter trial ensued. After trial, Trial Court found all the charges proved against the applicants.

Learned counsel for the applicants in his submission has not controverted the conclusion pertaining to conviction of the applicants but pressed only on the quantum of sentence. He submits that the applicants, barring Chhotelal, have already completed 6 months in jail since the time of pronouncement of judgement by the Appellate Court dated 29.11.2018 and that applicants Bholaram and Badrilal had also been in jail for 60 days as under-trial prisoners, Saligram and Chhogalal for 50 days, Babulal, Chhotelal, Dinesh and Satish for 47 days as under-trial prisoners. Regarding Chhotelal, it has been stated that he is 63 years old and has suffered paralytic attack and on account of his indisposition, benefit of suspension has been granted. However, Chhotelal at the time of enlargement had completed 2 months 15 days in jail and as under-trial prisoner had completed 50 days and in all he has completed 4 months 5 days in jail.

Learned Public Prosecutor for the State was also heard.

Original record of the case was perused.

After duly considering the submissions, it is found that all the applicants, except Chhotelal, have already completed their quantum of sentence in respect of 147, 341 and 427 of IPC. As far as Section 332 of IPC is concerned, sentence of 1 year RI has been pronounced. It is concluded that the period already undergone in jail along with further imposition of fine of Rs.3,000/- each when imposed would serve ends of justice in the matter. This include applicant Chhotelal also who has been granted lenience in view of his indisposition. However, he shall also be required to deposit enhanced fine amount of Rs.3,000/-. It is further ordered that the fine amount, which will be Rs.24,000/- in all shall be distributed between complainants Prabhulal and Manoj with Jagatsingh Kushwah having already expired. On failing to pay the fine of Rs.3,000/- by each of the applicants, they shall be required to undergo imprisonment of 4 months RI each for the default.

With the aforesaid modifications in the quantum of sentence, this revision application stands disposed of, in above terms. The order pertaining to property passed by the Courts below stands affirmed.

A copy of this order along with original record be sent to the Trial Court for due compliance.

Certified copy, as per rules.