The High Court examined a criminal appeal against conviction and sentence under Section 336 of the IPC. Considering a lapse of 28 years since the offence and the appellant's conduct on bail, the court reduced the jail term to a fine.
Conviction maintained under Section 336 IPC; jail sentence of two months reduced to a fine of Rs. 5,000/-.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Cr.A. No. 3479 of 1999
All are the Resident of Village, P.S. Masturi, District-Bilaspur
---- Appellants
Versus
State of Madhya Pradesh (Now State of C.G.)
---- Respondent
For Appellants : Shri Arun Kochar, Advocate For State : Ms. Ishwari Ghritlahre, P.L.
Hon'ble Shri Justice Narendra Kumar Vyas
Judgment on Board
02.02.2023
| Conviction | Sentence |
|---|---|
| U/s 304 Part-II of IPC |
R.I. for 03 Years & Fine of Rs.500/-, in default of payment of fine further undergo R.I. for 01 month. |
| Appellant No.1 Ramnath |
|
| U/s 336 of IPC | R.I. for 02 months. |
| Appellant No. 2 to 8 |
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(PW/4), Prem Chand (PW/5), Kishun (PW/6), Guna Ram (PW/7), Sukhwanti Bai (PW/8), Devkumar (PW/9), Dilip Kumar (PW/10), Budheswar (PW/11), Nikabai (PW/12), Mant Ram (PW/13), Matru Ram (PW/14), Janak Ram (PW/15), H.Kerkatta (PW/16), Bhagwantin Bai (PW/17), Jagjivan Ram (PW/18), Lochan (PW/19). Exhibited documents Ex.P/1-Ex.P/13A applications for medical examination of victim and opinions of the doctor. Panchnama (Ex.P/14 to Ex.P/15), Spot Map (Ex.P/16). (Ex.P/17) application for examination of dead body with postmortem report.(Ex.P/34). Duty certificate (Ex.P/18), Seizure Memo (Ex.P/19), statement of witnesses (Ex.P/20 to Ex.P/28), property seizure memo (Ex.P/29), death certificate of Kunjram (Ex.P/30), Morgue intimation (Ex.P/31), FIR (Ex.P/32) dated 05/09/1995, staement of witness (Ex.P/33), letter written by Police Station incharge (Ex.P/36), Morgue intimation (Ex.P/37), statement of witnesses (Ex.P/38), arrest memo (Ex.P/39 to Ex.P/61), spot map (Ex.P/62), Panchanama (Ex.P/63), Patwari report (Ex.P/64),receipt of OPD (Ex.P/65), Bed head ticket of Kunjram (Ex.P/66).
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sentence awarded by the trial court. Therefore, except Radhe the appeal stands abated.
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available on record to interfere in the quantum of sentence awarded by the trial court. Considering the fact of incident took place on 05/09/1995 whereby 28 years have been lapsed and since then appellant is appearing before the trial court and even after admission of appeal by this court, appellant appearing before the trial court, thus for last 28 years appellant is appearing before the trial court and has not misused the liberty granted by this court during bail and also considering the sentence awarded u/s. 336 of the I.P.C., no minimum sentence has been prescribed by the statute and shall be punished with imprisonment of either description for a term which may be extended to 03 months or with fine which may be extended to two hundred and fifty rupees or with both.
Sd/-
(Narendra Kumar Vyas) Judge
Ashish
2 issues framed by the court
Whether the conviction under Section 336 of the IPC against the appellant warrants interference.
Whether there are mitigating factors to reduce the quantum of the jail sentence awarded.
2 provisions across 2 enactments
Radhe
State of Madhya Pradesh (Now State of C.G.)
Narendra Kumar Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
