Madhya Pradesh High Court

CRA/3386/2016 of OMKAR 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 JABALPUR

BEFORE

HON'BLE SHRI JUSTICE VINAY SARAFON THE 29[th] OF DECEMBER, 2023CRIMINAL APPEAL No. 3386 of 2016

BETWEEN:-

1.OMKAR S/O PRABHULAL YADAV, AGED ABOUT 55YEAR S , INDRANAGAR PRABHU KA TAPPARSIHOR DISTT. SEHORE (MADHYA PRADESH)

2.JITENDRA S/O OMKAR YADAV, AGED ABOUT 30YEAR S , INDRANAGAR PRABHU KA TAPPARSIHOR DISTT. SEHORE (MADHYA PRADESH)

(BY SHRI NISHANT YADAV - AMICUS CURIAE)

.....APPELLANTs

AND

THE STATE OF MADHYA PRADESH THR. SPECIALPOLICE STATION S.C.S.T. SEHORE (MADHYA PRADESH)

(BY SHRI G.S. THAKUR - GOVERNMENT ADVOCATE)

.....RESPONDENTS

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

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JUDGMENT

By the present appeal filed under Section 374(2) of the Code of CriminalProcedure, the appellants have challenged the judgment of conviction dated02.11.2016 passed by Special Judge (Prevention of Atrocities), Sehore inSpecial Case No.108/11 whereby the appellant No.1 has been convicted underSection 323 (two counts) of IPC and sentenced to undergo R.I. for 6-6 monthsand fine of Rs.500-500/- in default of fine further R.I. for 1-1 month to appellantNo.1 and appellant No.2 has been convicted under Section 323/34 of IPC and sentenced to undergo R.I. for 6-6 months and fine of Rs.500-500/- in default offine further R.I. for 1-1 month.

2. No one is present on behalf of appellant. Mr. Nishant Yadav-Advocateis present in the Court and has been requested to assist on behalf of appellantas amicus curiae.

3. The learned amicus curiae has submitted that the prosecution failed toprove the case beyond reasonable doubt. During the trial, the appellants wereremained in custody from 31.05.2011 to 16.06.2011. He prayed for acquittal ofthe appellants.

4 . Per contra, the learned counsel appearing for the respondent/Statesupported the judgment and submitted that the prosecution has duly proved theincident and the learned trial Court has rightly convicted the appellants underSections 323 & 323/34 of Indian Penal Code.

5. After considering the arguments of both the parties and after perusal ofrecord, it appears that on 15.05.2011, a report was lodged by Amar Singhagainst the appellants which was registered as Crime No. 336/2011 at PoliceStation- Kotwali District- Sehore, under Sections 323, 294, 506, 324, 307/34 ofIndian Penal Code and under Section 3(1)(X) of SC/ST Act. Afterinvestigation, the charge-sheet was filed. Prosecution examined 8 witnesses anddefence examined one witness. PW-1 (Amar Singh), PW-3 (Ajay) and PW-8(Ranibai) duly narrated the incident and involvement of the appellants in theoffence. PW-2 (Dr. A.K. Manjhi) explained the injuries sustained by Ajay andAmar. After considering the evidence of the witnesses and record of the case,learned Special Judge by judgment dated 02.11.2016 acquitted the appellantsfrom the offences punishable under Section 3(1)(X) and 3(1)(v-a) of SC/STAct and under Section 324, 506 and 307 of IPC. However, convicted under Sections, 323, 323/34 (two counts) and sentenced as stated hereinabove. Thefindings recorded by learned Special Judge are based on due appreciation ofevidence and do not require any interference. The judgment of conviction andconviction under Sections, 323 and 323/34 of IPC are hereby upheld.

6. However, looking to the facts that the incident took place in the year2011, the prosecution has not brought any past criminal antecedents of theappellants on record, the appellants remained in custody for 16 days, there is nominimum sentence has been prescribed under Sections 323 and 323/34 ofIndian Penal Code, I deem it proper to set aside the jail sentence of theappellants and accordingly, the jail sentences are set aside. However, fineamount Rs.500/- is maintained and shall be deposited (if not already paid)within a period of two months from today. The appellants are on bail, theirpersonal bonds and bail bonds be discharged. Accordingly, the appeal is partlyallowed.

7 . Record of the trial Court be sent back along with copy of the judgment.

Shub

(VINAY SARAF)JUDGE

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