Kok Singh vs State Of M.P.

NEUTRAL CITATION NO. 2026:MPHC-GWL:33728
1 CRA-717-2010
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR

BEFORE
HON'BLE SHRI JUSTICE PUSHPENDRA YADAV
rd
ON THE 3 OF NOVEMBER, 2026
CRIMINAL APPEAL No. 717 of 2010
CNR No.: MPHC030163682010
KOK SINGH AND OTHERS
Versus
STATE OF M.P.
Appearance:
Shri Harshit Sharma - Advocate for the appellants.
Shri Vikram Pippal - Public Prosecutor for the respondent/State.
ORDER
The present appeal has been filed under Section 374 of the Code of
Criminal Procedure, 1973, against the judgment dated 31.08.2010 passed by
the First Additional Sessions Judge, District Shivpuri (M.P.), in S.T.
No.65/2010, whereby appellant No.1 Koksingh has been convicted for the
offence punishable under Section 326 of the IPC and sentenced to undergo
three years' rigorous imprisonment with a fine of Rs.1,000/-. Appellant No.2
Kaptan Singh, appellant No.3 Dharusingh and appellant No.4 Raghuvir
Singh have been convicted for the offence punishable under Section 326/34
of the IPC and sentenced to undergo three years' rigorous imprisonment each
with a fine of Rs.1,000/- each. All the appellants have also been convicted
for the offences punishable under Sections 323/34 and 426 of the IPC for
causing hurt to injured Munshi and sentenced to undergo three months'
Signature Not Verified
Signed by: RAM KUMAR
SHARMA
Signing time: 11/5/2026
12:23:34 PM

NEUTRAL CITATION NO. 2026:MPHC-GWL:33728
2 CRA-717-2010
simple imprisonment each with a fine of Rs.500/- each and one month's

simple imprisonment each with a fine of Rs.100/- each, respectively, with
default stipulations.
2. During the pendency of this appeal, appellant No.4 Raghuvir
Singh died. Consequently, the appeal stood abated against him vide order
dated 27.10.2026 passed by this Court. Therefore, the present appeal is being
heard and decided only in respect of appellant Nos.1 to 3, namely, Koksingh,
Kaptan Singh and Dharusingh.
3 . According to the prosecution case, on 07.03.2010, at about 5:00
p.m., complainant Pehalwan was present in his field. At that time, some
cows and buffaloes entered his field and started damaging his crops. When
he drove the cattle away, the appellants, namely, Koksingh, Kaptan Singh,
Dharsingh and Raghuvir Singh, came there and questioned him as to why he
was driving the cattle out of the field. When the complainant informed them
that the cattle were damaging his crops, they started assaulting him.
Appellant Koksingh assaulted him with a pharsa on his left palm, whereas
Kaptan Singh and Dharsingh assaulted him with lathis, causing injuries to
his head and back. When his elder brother Munshi came to his rescue, he
was also assaulted by the accused persons. Accordingly, a report was lodged.
The matter was investigated by Police Station Badarwas. Upon completion
of the investigation, a charge-sheet was filed. Charges were framed against
the appellants, which they denied and claimed to be tried.
4. The trial Court, after appreciating the evidence available on
record, convicted and sentenced the appellants as mentioned hereinabove.
Signature Not Verified
Signed by: RAM KUMAR
SHARMA
Signing time: 11/5/2026
12:23:34 PM

NEUTRAL CITATION NO. 2026:MPHC-GWL:33728
3 CRA-717-2010
Hence, the present appeal.

5. Learned counsel for the appellants submits that the appellants do
not wish to challenge their conviction. However, with regard to the sentence,
it is submitted that the incident took place in the year 2010 and the appellants
have been facing the ordeal of trial for more than 16 years. It is further
submitted that the appellants have already undergone approximately 42 days
of incarceration and no previous conviction has been proved against them.
Appellant No.3 Dharusingh is aged about 66 years, while the remaining
appellants are also middle-aged persons. It is further submitted that the fine
amount has already been deposited by the appellants. Therefore, learned
counsel prays that the custodial sentence imposed upon the appellants be
reduced to the period already undergone by them.
6. Learned counsel for the State has supported the impugned
judgment.However, regarding the direction issued about requisition the
criminal record of the appellant Nos. 1 to 3 on 27.10.2026, it is submitted by
learned counsel that the appellants are having no criminal record.
7. Heard learned counsel for the parties and perused the record,
including the impugned judgment.
8. Having regard to the facts and circumstances of the case,
particularly the fact that the appellants have already undergone
approximately 42 days of incarceration, their present age, the absence of any
proved previous conviction and the fact that they have been facing the ordeal
of trial for more than 16 years, this Court is of the view that the ends of
justice would be met if the custodial sentence imposed upon the appellants is
Signature Not Verified
Signed by: RAM KUMAR
SHARMA
Signing time: 11/5/2026
12:23:34 PM

NEUTRAL CITATION NO. 2026:MPHC-GWL:33728
4 CRA-717-2010
reduced to the period already undergone by them, while maintaining their

conviction.
9. Accordingly, the conviction of the appellants No.1 to 3 namely,
Koksingh, Kaptan Singh, Dharusingh respectively under Sections 326,
326/34, 323/34 and 426 of the IPC is hereby affirmed. The custodial sentence
awarded to the appellants is reduced to the period already undergone by
them.
10. However, having regard to the nature of the offences and in order
to balance the equities, the amount of fine deserves to be enhanced from
Rs.1000/- to Rs.3000/- to all the appellants and from Rs. 500/- to Rs.
2,000/- and from Rs.100/- to Rs.500/- each in case of all the appellants for
causing hurt to injured Munshi. The enhanced amount of fine shall be
deposited by the appellants within a period of two months from today, failing
which they shall undergo the sentence as imposed by the learned trial Court.
It is made clear that the fine amount already deposited by the appellants be
adjusted against the aforesaid amount of fine.
11. The appellants are reported to be on bail. Their bail bonds stand
discharged.
12. With the aforesaid modification in the sentence, the appeal stands
disposed of.
(PUSHPENDRA YADAV)
JUDGE
Rks

Signature Not Verified
Signed by: RAM KUMAR
SHARMA
Signing time: 11/5/2026
12:23:34 PM