Madhya Pradesh High Court
CRA/3644/2020 of BALWANT SINGH Vs STATE OF M.P. on 29 December 2023
COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI
IN THE HIGH COURT OF MADHYA PRADESHAT INDOREBEFORE
HON'BLE SHRI JUSTICE GAJENDRA SINGHON THE 29[th] OF DECEMBER, 2023CRIMINAL APPEAL No. 3644 of 2020
BETWEEN:-
BALWANT SINGH S/O KANWARLAL SAUNDHIYA, AGEDABOUT 27 YEARS, VILLAGE MEHRAJPUR P.SKHILCHIPUR RAJGARH (MADHYA PRADESH)
(BY SHRI ANURAG VYAS, COUNSEL THROUGH LEGAL AID )
.....APPELLANT
AND
STATE OF M.P. STATION HOUSE OFFICER THROUGHP.S. KHILCHIPUR RAJGARH (MADHYA PRADESH)
(SHRI KAPIL MAHANT, PANEL LAWYER)
.....RESPONDENTS
This appeal coming on for hearing this day, th e court passed the following:
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JUDGEMENT
This Criminal appeal has been filed under section 374 (2) of the Cr.P.C.
being aggrieved by judgement dated 24.02.2020 passed by the Sessions Judge,Rajgarh (Biaora) in S.T. No.94/2019 whereby the appellant/accused had beenconvicted under section 323 of the IPC and sentence to undergo six monthsR.I. with fine of Rs.1,000/- with default stipulation of 1 month of additional R.I.
2. Brief fact of the case is that appellant/accused tried for the offenceunder sections 307, 294, 506 (Part-II) of the IPC which was registered at crimeno.442/2018 at police station-Khilchipur, District-Rajgarh. It is stated that on14.11.2018 at about 12:30 p.m. at a temple situated in village Mehrajpur appellant/accused caused injuries to complainant-Jagdish. After investigation afinal report for charges under sections 308, 294, 323 and 506 of the IPC wassubmitted on which session trial no.94/2019 has been registered.
3 . The trial Court acquitted the appellant/accused person from thecharges under sections 307, 294 and 506(Part-II) of the IPC and convicted theappellant/accused under 323 of the IPC. Challenging the conviction andsentence, this criminal appeal has been preferred on the ground that the trialcourt has ignored the discrepancy in the statement of the witnesses andcommitted error in passing the impugned judgment.
4. Counsel for the respondent/State has supported the conviction andsentence.
5. Heard Shri Anurag Vyas, advocate appointed through Legal Aid andperused the record.
6. Relying on the testimony of Ram Singh (P.W.-1), Jagdish (P.W.-2)concluded in paragraph 31 of the judgment that appellant/accused hasvoluntarily caused injuries to Jagdish (P.W.-2).
7 . On re-appreciation of testimony of Ram Singh (P.W.-1), Jagdish (P.W.-2) conviction of the appellant/accused under section 323 of the IPC doesnot call for interference. Hence, the conviction of the appellant/accused undersection 323 of the IPC is affirmed.
8. There is no criminal antecedents of the appellant/accused. He is facing the trial from 2018. Looking to the nature of the incident & having regard to thefacts and circumstances of the case and the character of appellant/accused asfirst offender, it is expedient to release him on probation of good conduct undersection 4 of the Probation of Offenders Act, 1958.
8 . The appeal is partly allowed and the finding of the trial court regarding the sentence is modified and instead of sentencing theappellant/accused at once it is directed that appellant/accused be released onbail entering into bond with surety of Rs.20,000/-(Rupees Twenty ThousandOnly) to the satisfaction of the trial court within a period of 90 days to appearand receive sentence when called upon by the trial Court during a period of 3years and in the meantime to keep the peace and be of good behavior.
9. Under Section 5 of Probation Of Offenders Act, 1958 theappellant/accused shall also pay Rs.10,000/-(Rupees Ten Thousand Only) tothe complainant Jagdish (P.W.-2) R/o Gram Mehrajpura, P.S.-Khilchipur,District-Rajgarh as compensation for the injury suffered for the commission ofoffence. The appellant/accused shall deposit the compensation amount within90 days failing which the said amount shall be recovered fromappellant/accused in accordance with law. The amount of fine deposited by theappellant/accused before the trial court shall be adjusted towards in amount ofcompensation.
10. With the aforesaid, the criminal appeal is disposed off.
ajit
(GAJENDRA SINGH)JUDGE