Madhya Pradesh High Court

CRA/3018/2011 of JITENDRA Vs THE STATE OF MADHYA PRADESH on 29 December 2023

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COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI

1

IN THE HIGH COURT OF MADHYA PRADESHAT JABALPURBEFORE

HON'BLE SHRI JUSTICE BINOD KUMAR DWIVEDION THE 29[th] OF DECEMBER, 2023

CRIMINAL APPEAL No. 3018 of 2011

BETWEEN:-

JITENDRA S/O SUKHLAL NAI, CASTE NAI, AGED ABOUT31 YEARS, R/O AMODA P.S. DHANGAON DISTRICTKHANDWA (MADHYA PRADESH)

(BY SHRI SAMAR SINGH RAJPUT - ADVOCATE)

.....APPELLANT

AND

THE STATE OF MADHYA PRADESH THR.P.S. AJKKHANDWA DISTRICT KHANDWA (MADHYA PRADESH)

(BY MS. SHANTI TIWARI - PANEL LAWYER)

.....RESPONDENT

This appeal coming on for hearing this day, th e court passed the following:

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JUDGMENT

This appeal is directed aged the judgment and order dated 20.12.2011

passed by Special Judge SC/ST (Prevention of Atrocities) Act, Khandwa, inSpecial Case No. 73/2009 whereby, the appellant has been convicted for theoffence under Section 325 of IPC and has been sentenced to undergo RI for 6months and fine of Rs. 1500/- with default stipulation

2. The incident relating to manhandling was reported to the Police StationDhangaon, District Khandwa where FIR (Ex.P/8) was registered on Crime No.191/2009 under Sections 294, 325, 506 and 341 of IPC and Section 3(1)(x) ofSC/ST (Prevention of Atrocities) Act. After completion of investigation, charge sheet was filed. Learned trial Court vide impugned judgment, convicted andsentenced the appellant as mentioned herein above.

3. Learned counsel for the appellant challenging the finding of conviction andsentence submits that the learned trial Court ignored serious anomalies,contradictions and omissions present in the testimony of prosecution witnessesand prays for acquittal. In the alternative limb of prayer he submits thatappellant has remained in jail from 01.09.2009 to 07.09.2009 i.e. 6 days. Noother criminal case is registered against him, therefore, taking lenient view jailsentence may be reduced to the period already undergone.

4. Learned counsel for the State supports the impugned judgment and prays for dismissal of this appeal stating that it is devoid of merits.

5. Heard the learned counsel for the parties at length and perused the record.

6. The evidence adduced in support of the allegation with regard to offenceu/s. 325 of IPC is fond to be clear, cogent and consistent. The same is freefrom any material infirmity and anomaly. The testimony of complainant Anoz(PW-2) stands duly corroborated with the FIR (Ex. P/8) and also supported bythe MLC report (Ex. P/2) and X-ray report (Ex. P/5) therefore, finding ofconviction cannot be interfered and is hereby affirmed.

7. As regards the sentence, the prayer made on behalf of the appellantappears to be reasonable. Appellant has remained in jail from 01.09.2009 to07.09.2009 i.e. 6 days. Incident took place for more than 14 years back. Nocriminal antecedents are attributed to the appellant, therefore, the period of jailsentence deserves to be reduced to the period already undergone.

8 . Accordingly, this appeal is partly allowed. The conviction of theappellant is affirmed. Jail sentence is reduced to the period already undergone.The fine amount is enhanced from Rs. 1500/- to 10,000/-. Appellant will have to deposit the remaining enhanced amount of fine within a period of two monthsfrom the date of judgment passed by this court before the concerned trial Courtfailing which the appellant will have to undergo RI for the three months. Theappellant is on bail. His bail bond and personal bond stand discharged. 9. Let record of the learned trial Court along with the copy of the judgmentof this Court forthwith be sent back for compliance and necessary action.

10. C.C. as per rules.

Digitally signed by LALIT L.R.SINGH RANA Date: 2023.12.29 16:30:12 +05'30'SINGH RANA Date: 2023.12.29 16:30:12 +05'30'

(BINOD KUMAR DWIVEDI)JUDGE

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