Madhya Pradesh High Court
CRA/10954/2023 of ABID @ JAVID Vs THE STATE OF MADHYA PRADESH on 29 December 2023
COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI
IN THE HIGH COURT OF MADHYA PRADESHAT JABALPURBEFORE
HON'BLE SHRI JUSTICE DEVNARAYAN MISHRAON THE 29[th] OF DECEMBER, 2023
CRIMINAL APPEAL No. 10954 of 2023
BETWEEN:-
1.ABID @ JAVID S/O SABIR MIYA QURESHI, AGEDABOUT 39 YEARS, OCCUPATION: LABOURERRESIDENT OF WARD NO 12 RAHATGARH DISTT.SAGAR (MADHYA PRADESH)
2.SABIR MIYA QURSHI S/O SHEKH CHUNNA, AGEDABOUT 62 YEARS, OCCUPATION: LABOURER 112/4BUDHWARA FARANA THANA ROAD WARD NO. 8RAHATGARH AT PRESENT RESIDENT OF WARDNO.-9 RAHATGARH (MADHYA PRADESH)ABOUT 62 YEARS, OCCUPATION: LABOURER 112/4BUDHWARA FARANA THANA ROAD WARD NO. 8RAHATGARH AT PRESENT RESIDENT OF WARDNO.-9 RAHATGARH (MADHYA PRADESH)
(SHRI MAYANK SINGH APPEARED FOR APPELLANTS)
.....APPELLANT
AND
1.THE STATE OF MADHYA PRADESH THROUGH P.S.RAHATGARH DISTRICT SAGAR (MADHYAPRADESH)RAHATGARH DISTRICT SAGAR (MADHYAPRADESH)
( MS. NALINI GURUNG - PANEL LAWYER)
.....RESPONDENTS
This appeal coming on for hearing this day, th e court passed the following:
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ORDER
This appeal has been preferred by the appellants being aggrieved by the judgment and finding recorded by Special Judge SC - ST Act, Sagar inSCATR No.200039/2016 by which the appellants have been convicted for the offence under Section 323 (on 2 counts) and sentence to undergo R.I of oneyear for each count with fine of Rs.1,000/- for each count.
2. Basic case against the trial Court was that Heeralal has sold 1.5 acre ofagricultural land to appellants Sabir Miya Qureshi and Abid @ Javed maketransferred of 17 dismil more land that was agreed between the parties and1,25,000/- consideration amount was due that was not paid. On 02.07.2015 thevictime -Heeralal and Laxmibai were sowing the crop on the field then theappellant went on tractor and started assaulting the victims and the matter wasreported to the Police Station Rahatgarh, District Sagar which was registeredvide Crime No.300/2015 under Sections 294 and 506 of IPC and under Section3 (1) (x) SC/ST (PA) Act, and after investigation the charge sheet was filed.
3. Learned trial Court after trial acquitted the appellants for the offencepunishable under Sections 329, 307, 325 & 506 of the IPC and Section 3 (1)(X) and Section 3 (2)(5) of SC- ST Act but convicted and sentenced as above.
4. Learned counsel for the appellants has argued that findings recordedby the trail Court as per the law hence he is not challenging finding andconviction of the trial Court the substantial jail sentence is reduced to the periodalready undergone.
5. Learned counsel appearing for the respondent/State has argued that theinjury of grievous nature though not proved hence one accused on anticipatorybail so the jail sentence cannot be reduced to the period already undergone.
6. Heard the learned counsel for the parties and perused the record.
7. The conviction of the appellant under Section 323 read with Section34 is maintained and confirmed.
8. For the offence of under Section 323 read with (on two counts) the appellant - Abid @ Javid substantial jail sentence is reduced and he shall servethe jail sentence of till rising of the Court (TRC) before the trial Court the fineamount is quashed.
9. Thus, the appellant - Sabir Miya Qureshi jail sentence is reduced to theperiod already undergone i.e., more than one month and is fine amount isquashed.
1 0 . Under Section 357(3) of the Code of Criminal Procedure, appellants Abid @ Javid and Sabir Miya Qureshi are directed that each shallpay Rs.5,000/- to each victim i.e. Heral lal and Laxmi Bai, and thiscompensation amount shall be deposited before the trial Court and the trialCourt shall disburse the amount to the concerned victims. Thus, under Section357(3) of the Code of Criminal Procedure, appellant Abid @ Javid shall depositRs.10,000/- and Sabir Miya Qureshi shall deposit Rs.10,000/- before the trialCourt, if in case of default of the depositing this amount the appellants shallundergo S.I of four months for each default.
11. The order of the trial Court regarding compensation is amended tothat extent. The order of trial Court regarding the property each affirmed.
12. With the above observation the appeal is partly allowed anddisposed off.
13. Record of the trial Court be sent back immediately along with a copyof this judgment for information and necessary action.
SN
(DEVNARAYAN MISHRA)JUDGE