Madan vs State Of M.P.

NEUTRAL CITATION NO. 2026:MPHC-GWL:32858
1 CRA-59-2010
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR

BEFORE
HON'BLE SHRI JUSTICE PUSHPENDRA YADAV
th
ON THE 27 OF OCTOBER, 2026
CRIMINAL APPEAL No. 59 of 2010
CNR No.: MPHC030012932010
MADAN AND OTHERS
Versus
STATE OF M.P.
Appearance:
Shri Harshit Sharma - Advocate for the appellant.
Shri Harish Sharma - PP for the respondent/State.
ORDER
1. This appeal has been filed under Section 374 of the Code of
Criminal Procedure, 1973 against the judgment dated 08.01.2010 passed by
the Fourth Additional Sessions Judge, Fast Track Court, Shivpuri (M.P.), in
S.T. No. 108/09. By the impugned judgment, appellant No. 1 (Madan) has
been convicted under Sections 326 and 325/34 of IPC and sentenced to
undergo 2 years RI with a fine of Rs. 1,000/- and 1 year RI with a fine of Rs.
500/- respectively; appellant No. 2 (Sitaram) has been convicted under
Section 325 of IPC and sentenced to undergo 1 year RI with a fine of Rs.
500/-; and appellants No. 3 and 4 (Radhe and Pawan) have been convicted
under Section 325/34 of IPC and sentenced to undergo 1 year RI with a fine
of Rs. 500/- each, with default stipulations.
2. According to the prosecution case, on 27.01.2009 at around 8:00
Signature Not Verified
Signed by: SUNEEL DUBEY
Signing time: 28-10-2026
15:12:36

NEUTRAL CITATION NO. 2026:MPHC-GWL:32858
2 CRA-59-2010
AM, complainant Sheelkumar had gone to Harijan Mohalla to call laborers,

where he was met by the appellants. It is alleged that due to previous enmity,
the appellants abused him and assaulted him and one Hannu using a Tega, an
axe, a Luhangi, and a Farsa. A First Information Report was lodged, and after
the completion of the investigation, a charge-sheet was filed. Charges were
framed against the appellants, which they denied and requested for trial.
3. The trial Court after appreciating the evidence, convicted and
sentenced the appellant as aforesaid. Hence, this appeal.
4. Learned counsel for the appellants submitted that he does not wish
to challenge the conviction of the appellants on merits for the aforesaid
offences. As regards the sentence, it is submitted that the incident took place
in the year 2009, and the appellants have been facing the agony of the trial
and subsequent legal proceedings for more than 17 years. It is further
submitted that the appellants have already suffered incarceration for a period
of about 8 days during the trial stage. Furthermore, no previous conviction
has been proved against them. The appellants are currently of advanced age.
It is also submitted that the fine amounts have already been deposited by
them. Therefore, it is prayed that while enhancing the fine amount suitably,
the sentence of the appellants may be reduced to the period already
undergone by them.
5. Learned counsel for the State supported the impugned judgment.
6. Heard learned counsel for the parties and perused the impugned
judgment.
7. Looking to the facts and circumstances of the case, ends of justice
Signature Not Verified
Signed by: SUNEEL DUBEY
Signing time: 28-10-2026
15:12:36

NEUTRAL CITATION NO. 2026:MPHC-GWL:32858
3 CRA-59-2010
would meet if while reducing the jail sentences of the appellants to the period

already undergone by them, the fine amount is enhanced to Rs. 2500/- each
(Total Rs. 10,000/-).
8. Accordingly, while affirming the respective convictions of
appellant No. 1 under Sections 326 and 325/34 of IPC, appellant No. 2 under
Section 325 of IPC, and appellants No. 3 and 4 under Section 325/34 of IPC,
jail sentence of the appellants is reduced to the period already undergone by
them and fine amount is enhanced to Rs. 5000/- in respect of appellant No. 1
and Rs. 2500/- each in respect of appellants No. 2 to 4 (totalling Rs. 12500/-)
which shall be deposited by them within a period of two months from today,
failing which the appellants will have to suffer the sentence as awarded by
the Court below. The fine amount already deposited by the appellants be
adjusted against the aforesaid amount of fine. The amount of fine so
deposited by the appellants be given to the injured Sheelkumar and Hannu
under Section 357 of Cr.P.C. as compensation.
9. Appellants are reported to be on bail. Their bail bonds and surety
bonds stand discharged.
10. Copy of the order be sent to the trial Court concerned for
information and necessary compliance.
11. With the aforesaid directions/modification in the sentence, the
appeal stands disposed of.
(PUSHPENDRA YADAV)
JUDGE
Signature Not Verified
Signed by: SUNEEL DUBEY
Signing time: 28-10-2026
15:12:36

NEUTRAL CITATION NO. 2026:MPHC-GWL:32858
4 CRA-59-2010
(Dubey)


Signature Not Verified
Signed by: SUNEEL DUBEY
Signing time: 28-10-2026
15:12:36