Madhya Pradesh High Court
CRA/434/2016 of PAWAN Vs THE STATE OF MADHYA PRADESH on 29 December 2023
COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI
1
IN THE HIGH COURT OF MADHYA PRADESHAT INDORE
BEFORE
HON'BLE SHRI JUSTICE GAJENDRA SINGHON THE 29[th] OF DECEMBER, 2023
CRIMINAL APPEAL No. 434 of 2016
BETWEEN:-
1.PAWAN S/O RAMESH RATHORE, AGED ABOUT 23YEARS, VILLAGE - MANA, P.S. KURAWAR, DIST.RAJGARH (BIAORA) (MADHYA PRADESH)
2.RAMESH S/O JAGANNATH RATHORE, AGEDABOUT 44 YEARS, VILLAGE MANA, P.S.KURAWAR, DISTRICT RAJGARH (BIAORA)(MADHYA PRADESH)ABOUT 44 YEARS, VILLAGE MANA, P.S.KURAWAR, DISTRICT RAJGARH (BIAORA)(MADHYA PRADESH)
.....APPELLANTS
(SHRI RAJESH YADAV - ADVOCATE FOR THE APPELLANTS)
AND
THE STATE OF MADHYA PRADESH STATION HOUSEOFFICER THRU. P.S. KURAWAR, DISTT. RAJGARHBIAORA (MADHYA PRADESH)
.....RESPONDENTS
( BY SHRI MUKESH SHARMA - PANEL LAWYER FOR THE RESPONDENTSSTATE)
This appeal coming on for hearing this day, the court passed the following:
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ORDER
This Criminal appeal has been filed under section 374 (2) of the Cr.P.C.being aggrieved by judgement dated 25.02.2016 passed by Special Judge, SCand ST (Prevention of Atrocities Act) Rajgarh Biaora in Special Case No.80/2012 whereby the appellants/accused have been convicted under section 323
(2 counts) of the IPC and sentenced to undergo six months R.I. and fine of Rs. 500/- each count with default stipulations.
2 . The facts in brief are that the appellants/accused were tried for the charges under Section 294, 323 (7 counts), 323 read with 34 (7 counts), 324,324 read with 34, 326, 326 read with 34, 302 alternatively 302 read with 34 ofthe IPC and under Section 3 (1) (x) and 3(2) (5) of SC & ST (Prevention ofAtrocities) Act, 1989 regarding an incident happened on 05.03.2012 at 06:30PM near the house of Gopal Jatav situated at Gram Mana, Police stationKuravar, District Rajgarh in which Prem was succumbed to injuries and similarother persons were also suffered injuries and regarding which a Crime No.66/2012 was registered at Police Station Kuravar at District Rajgarh were triedalong with two other persons (Rahul and Gajraj). Trial Court convictedappellants/accused under Section 323 (2 counts) of IPC only for voluntarilycausing injuries to Gopal (PW-3) and Mahesh (PW-4).
3. Learned counsel for the appellant submit that they are pressing onlyon the part of sentence.
4. On perusal of paragraph-35 of the impugned judgment the convictionof the appellant accused Pawan and Ramesh for causing voluntarily injury toGopal and Mahesh under Section 323 (2 counts) of IPC is affirmed.
5. Certificate under Section 28 of CrPC certifies that theappellants/accused Pawan and Ramesh has undergone a total period of custodyof three months and 14 days. This period is more than half of the sentenceimposed.
6. This appeal is partly allowed and the sentence of imprisonmentinflicted on the appellants accused is modified to the period of alreadyundergone i.e three months and fourteen days. The sentence of fine anddefault stipulation does not call for interference.
7. Record of the court below along with a copy of this order be sent forthwith for information and compliance.
8. Accordingly, criminal appeal stands disposed of.
rashmi
(GAJENDRA SINGH)JUDGE