IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE LOK ADALAT HON'BLE SHRI JUSTICE ASHISH SHROTI &

SHRI RAJNISH SHARMA, ADVOCATE

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ON THE 13 OF DECEMBER, 2025 CRIMINAL APPEAL No. 7536 of 2022 BRAJENDRA SINGH DANGI AND OTHERS Versus THE STATE OF MADHYA PRADESH Appearance:

Shri Anshu Gupta- Advocate for the appellants.

Shri Dinesh Savita- PP for the respondents/State.

ORDER

1. The instant appeal under Section 374 of Cr.P.C. preferred by the appellants against the judgment of conviction and order of sentence dated 18/8/2022 passed by Special Judge (Atrocities) Vidisha in SST No.109/2015 by which appellant has been sentenced as under:

Section Imprisonment Fine

323/34 of IPC Till rising of Court 1000/- with default stipulation 325/34 of IPC 6 months RI 2000/- with default stipulation

2. It is the submission of learned counsel for the appellants that the present case pertains to offence under Section 323 and 325 of IPC. The offence is of the year 2015 and appellants suffered 1 day incarceration each as pre and post trial confinement. Further from the date of incident, appellant suffered almost 10 years' ordeal of trial. Hence, it is submitted that the case of appellants be considered for the sentence which is already undergone by them, for which they are ready to pay enhanced compensation/fine in view of provisions of Section 357 of Cr.P.C.

3. Learned counsel for the respondent/State opposed the prayer. However, he fairly accepted that if appellants are ready to pay the compensation/fine, then only their case for undergone may be considered so that the fine amount can be given to the Government.

4. Considering the facts and circumstances of the case, especially looking to the fact that for more than 10 years, appellants have suffered ordeal of trial and the proceedings before the trial court as well as before this Court and the fact that appellants have suffered incarceration also, jail sentence of appellants is reduced to the period already undergone by them maintaining the conviction recorded by the trial Court and in view of Section 357 of Cr.P.C., enhances the fine amount as imposed upon the appellants. Appellants are directed to pay the compensation/fine of Rs.4,000/- (in addition to the fine imposed by the trial Court) within two months from today while giving undertaking before the trial Court that if he failed to pay the enhanced amount of compensation i.e. Rs.4,000/- within stipulated period of time, then the trial Court shall proceed against the appellants to serve remaining part of their jail sentence for which the trial Court has sentenced them.

5. It is made clear that this benefit of undergone has been given to the appellants in peculiar facts and circumstances of the case where appellants have suffered incarceration also. The compensation amount shall be deposited in Government account. Appellants are on bail. Their bail bonds stand discharged.

6. Resultantly, the appeal preferred by the appellants stands disposed of in above terms.

7. Copy of the judgment be sent to the trial Court concerned for information and necessary compliance.

(ASHISH SHROTI) (RAJNISH SHARMA)

MEMBER MEMBER JPS/-