Madhya Pradesh High Court
CRA/1701/2022 of ARUN Vs THE STATE OF MADHYA PRADESH on 29 December 2023
COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI
1
IN THE HIGH COURT OF MADHYA PRADESHAT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VINAY SARAFON THE 29[th] OF DECEMBER, 2023
CRIMINAL APPEAL No. 1701 of 2022
BETWEEN:-
ARUN S/O KALU RATHORE, AGED ABOUT 24 YEARS,OCCUPATION: LABOUR VILL. KHEDI TEH. KHALWADISTT. KHANDWA (MADHYA PRADESH).
(BY SHRI S.S. RAJPUT - ADVOCATE)
.....APPELLANT
AND
THE STATE OF MADHYA PRADESH THR. P.S. HARSOOD,TEHSIL HARSOOD, DISTRICT KHANDWA (MADHYAPRADESH).
(BY SHRI PRASANJEET BANERJEET - PANEL LAWYER)
.....RESPONDENT
This appeal coming on for hearing this day, the court passed thefollowing:
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JUDGEMENT
The present appeal has been preferred under Section 374(2) of the Codeo f Criminal Procedure challenging the judgment of conviction and order ofsentence passed by the Additional Sessions Judge, Harsood, District Khandwa(M.P.) in Sessions Trial No.03/2017, dated 02.02.2022, whereby appellant wasconvicted under Sections 325/34, 324/34 (two counts) and 323 of the IndianPenal Code and sentenced him to undergo 2 years' RI and fine of Rs. 500/-and in default, to further undergo 1 months' RI for Section 325/34 of IPC, 1year's RI and fine of Rs. 500-500/- (each count) and in default, to furtherundergo 1-1 months' RI (each count) for Section 324/34 of IPC (two counts)
and 6 months' RI and fine of Rs. 500/- and in default, to further undergo 1months' RI for Section 325 of IPC.
2. Learned counsel appearing on behalf of the appellant submits that thecomplainant has lodged a false report. Appellant remained in custody duringtrial from 03.01.2017 to 06.01.2017 and from 21.12.2021 to 24.12.2021. It issubmitted that prosecution has failed to prove the case beyond reasonabledoubt. He prayed for acquittal of the appellant.
3. Per contra, the learned Panel Lawyer appearing on behalf of therespondent/State supported the judgment and argued that the witnesses haveduly proved the incident and involvement of the appellant in the offence andprayed that appeal be dismissed.
4. After considering the statements of the witnesses, arguments of boththe parties and after perusal of record, it appears that FIR was lodged on25.11.2016 by Prakash Tiwari against the present appellant and one AdduKorku at Police Station Harsood, District Khandwa, registered as Crime No.381/2016, under Sections 294, 324, 506, 34 of Indian Penal Code and afterinvestigation, charge-sheet has been filed.
5 . Prosecution examined ten witnesses. However, defence has notexamined any witness. PW-1 Lokesh Tirole and PW-2 Prakash Tiwarisupported the prosecution case and narrated the incident and involvement of theappellant in the incident. PW-10 Shri Anil Kandariya explained the injuriessustained by injured Prakash Tiwari. The learned Additional Sessions Judgeafter considering the statements of the prosecution witnesses and afterexamining the material available on record, by judgment dated 02.02.2022,convicted the appellant under Sections 323, 324/34 (two counts) and 325/34 of Indian Penal Code and sentenced as stated hereinabove.
6. After examination of the statements of the witnesses and perusal of the record, I find no reason to interfere in the findings of the learned trial Judge,as the same are based on due appreciation of evidence. Consequently, theconviction of the appellant under Sections 323, 324/34 (two counts) and 325/34of IPC are upheld.
7. However, looking to the fact that the incident took place in the year2016, the prosecution has not brought any past criminal antecedents of theappellant on record, appellant remained in jail during trial from 03.01.2017 to06.01.2017 and from 21.12.2021 to 24.12.2021, no minimum sentence isprescribed under Sections 323, 324 and 325 of IPC, I deem it proper to reducethe jail sentence of the appellant to the extent of the period which he has alreadyundergone and accordingly, jail sentence is reduced to the period alreadyundergone. However, fine amount under Section 325/34 of IPC is enhancedfrom Rs. 500/- to Rs. 5000/-. The appellant shall deposit the enhanced fineamount within a period of two months from today. The appellant is on bail, hispersonal bonds and bail bonds be discharged. Accordingly, the appeal ispartly allowed.
8. Record of the trial Court be sent back along with copy of the judgment vkt (VINAY SARAF)JUDGE