Shibbuseeng @ Samatseeng vs The State Of Madhya Pradesh

NEUTRAL CITATION NO. 2026:MPHC-JBP:88587
1 CRA-9606-2025

IN THE HIGH COURT OF MADHYA PRADESH

AT JABALPUR

BEFORE
HON'BLE SHRI JUSTICE B. P. SHARMA
nd
ON THE 2 OF NOVEMBER, 2026
CRIMINAL APPEAL No. 9606 of 2025
CNR No.: MPHC010694092025
SHIBBUSEENG @ SAMATSEENG
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Atul Khare - Advocate for the appellant.
Ms. Seema Jaiswal - Panel Lawyer for the State.
ORDER
This criminal appeal under Section 415(2) of BNSS, 2023/Section
374(2) of CrPC, 1973 has been preferred by the appellant assailing the
judgment of conviction and order of sentence dated 03.06.2024 delivered in
Sessions Trial No.111/2023 {State of MP Vs. Shibbuseeng @
st
Samatseeng} by learned I Additional Sessions Judge, Damoh (MP), by
which the appellant has been convicted for commission of offence
under Sections 323, 307 of IPC and directed to pay fine of Rs.500/- and
sentenced to undergo RI for five years with fine of Rs.1,000/- respectively,
with default stipulations.
2. Relevant facts, briefly stated are that as per the case of prosecution,
the injured/complainant, Tammu Seeng, made an oral report to the police to
Signature Not Verified
Signed by: ASHISH KUMAR
JAIN
Signing time: 11/5/2026
11:21:51 AM

NEUTRAL CITATION NO. 2026:MPHC-JBP:88587
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the effect that on 01.04.2023, at around 6:30 AM, his daughter-in-law,

namely Kavita, was washing dishes. All of a sudden, the appellant arrived
and caught hold of Kavita. When Tammu Seeng intervened, the appellant
hurled filthy abuses at him. Upon Tammu Seeng objecting to the same, the
appellant inflicted lathi blows on him. When Guddibai intervened to pacify
the matter, she was also not spared by the appellant, who inflicted a blow on
her with a sickle (hasiya). Based on the aforesaid allegations, charges were
framed against the appellant for the offences punishable under Sections 323,
307, 506, and 34 of IPC. The appellant abjured his guilt and claimed to be
tried. Statements of the witnesses were recorded.
3. After recording the statements of prosecution witnesses and
appreciating the evidence led by the parties, learned Trial Court found the
appellant guilty for commission of aforementioned offence and convicted &
sentenced him as mentioned preceding paragraph No.1. Being aggrieved
with the impugned judgment, the appellant has preferred this criminal appeal
before this Court.
4. At the very outset, learned counsel for the appellant submits that he
does not want to challenge the conviction of the appellant recorded
under Sections 323, 307 of IPC by Trial Court, but has prayed for reduction
of jail sentence. It is further submitted that appellant remained in custody
during the trial from 02.04.2023 to 03.06.2024 (approximately 428 days) and
has continued to remain in custody after conviction from the date of
judgment i.e. on 03.06.2024 till date. Thus, he has undergone more than half
of the substantive sentence i.e. more than four years with remission. It is
Signature Not Verified
Signed by: ASHISH KUMAR
JAIN
Signing time: 11/5/2026
11:21:51 AM

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further submitted that injured Guddi Bai did not sustain any fracture. In this

regard, Dr. Mukesh (P.W.-4) has explicitly admitted that no fracture was
found on the body of Guddi Bai and only two injuries were found on her
person. Therefore, it is prayed that appellant's jail sentence may be
reduced/modified to the extent of period already undergone by him.
5. Learned counsel for the State has supported the findings recorded
by Trial Court and has submitted that after appreciating the evidence
produced by the prosecution, Trial Court has rightly found the appellant
guilty for the aforesaid offence. Thus, she has prayed for dismissal of the
appeal.
6. Heard learned counsel for the parties and perused the record.
7. Though, the appellant has not assailed the findings of
conviction under Sections 323, 307 of IPC on merits and have confined the
submissions only to the quantum of sentence; this Court, is nonetheless
under a legal obligation to scrutinize the correctness and sanctity of the
conviction recorded by the trial Court. On this aspect, I have carefully
perused the judgment of trial Court and the evidence adduced during trial.
The prosecution case is not only corroborated by the testimony of the
witnesses, but also stands duly supported by other materials placed on
record. The trial Court, while appreciating the entire evidence in its proper
perspective, has arrived at a well-reasoned finding of guilt against the
appellant. Upon independent reappraisal, I find that the conclusion so
recorded by the trial Court is based on cogent reasoning and does not suffer
from any perversity or illegality warranting interference by this Court.
Signature Not Verified
Signed by: ASHISH KUMAR
JAIN
Signing time: 11/5/2026
11:21:51 AM

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Accordingly, the findings of conviction of the appellant u/S. Sections 323,

307 of IPC are hereby upheld.
8. Having taken into consideration the above submissions, the period
of incarceration already undergone by the appellant, I am of the considered
opinion that the ends of justice would be met if the sentence of imprisonment
awarded to the appellant under Sections 323, 307 of IPC is reduced to the
period already undergone by him so far by enhancing the fine amount.
9. Thus, the conviction of the appellant under Sections 323, 307 of
IPC, as recorded by the trial Court, is hereby affirmed. However, the
appellant's sentence as awarded by Trial Court for the alleged offence is
modified and reduced to the period already undergone by him so far by
enhancing the fine amount which is enhanced by this Court from Rs.500/- to
Rs.1,000/- (under Section 323 of IPC), from Rs.1,000/- to Rs.10,000/- (under
Section 307 of IPC). Thus, the total fine amount of Rs.1,500/- imposed by
the Trial Court is enhanced by this Court to Rs.11,000/-.
10. Appellant is directed to deposit the fine amount as quantified by
this Court before the Trial Court within a period of two months from the date
of appellant's release. Fine amount, if any, already deposited shall be
adjusted. However, it is clarified that if fine amount as quantified by this
Court is not deposited within aforesaid period, appellant would surrender
himself to serve out the jail sentence as awarded by learned Trial Court in
default of payment of fine.
11. Appellant is in jail. He be released forthwith in this case, if not
required in any other case.
Signature Not Verified
Signed by: ASHISH KUMAR
JAIN
Signing time: 11/5/2026
11:21:51 AM

NEUTRAL CITATION NO. 2026:MPHC-JBP:88587
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12. Trial Court is directed to ensure the aforesaid compliance.

13. The present criminal appeal is disposed of to the extent indicated
herein above.
14. A copy of this order along with the record of the Trial Court (if
available) be sent to the Trial Court concerned for information and necessary
action.
15. A copy of this order be also sent to the jail authorities concerned.
16. Certified copy as per rules.
(B. P. SHARMA)
JUDGE
@shish
Signature Not Verified
Signed by: ASHISH KUMAR
JAIN
Signing time: 11/5/2026
11:21:51 AM