CRA/10934/2019 of NISAR Vs THE STATE OF MADHYA PRADESH on 29 December 2023

JUDGMENT

This criminal appeal under Section 374(2) of Cr.P.C. has been filedfeeling aggrieved by the judgment of II A.S.J., Sardarpur, District Dhar in S.T.No.269/2015, whereby the appellants have been convicted under Section 323 (3counts) of IPC and sentenced to undergo RI for 01 year.

2) Brief facts of the case are that the Crime No.333/2014 registered inPolice Station Sardarpur, District Dhar under Section 294, 341, 323, 336 and506/34 of IPC. It is stated that on 20.07.2014 at around 03:00 PM, the accused

uttered filthy language in the public place and called wrongfully Sadik Khan,Salim Khan and Valid Sahab Lateef and negligently and rashly thrown stonesthereby endangering the human life and caused voluntarily injuries to Kale Khan,Salim Khan and Sadik Khan. After investigation, a final report was submittedand the accused persons were tried by 2nd Additional Sessions Judge,Sardarpur, District Dhar Rajgarh (Biora) as S.T. No.269/2015 for charges underSections 294, 341, 323, 336 and 506/34 of IPC.

3) The learned 2nd Additional Sessions Judge, Sardarpur, District Dharvide judgment dated 06.12.2019 acquitted the appellants/accused from thecharges of Sections 294, 341, 323, 336 and 506/34 of IPC. The trial Courtconvicted the accused/appellants only under Section 323 (3 counts) and passedthe sentence as per para 1 of judgment.

4) Challenging the judgment and order dated 06.12.2019, this appeal hasbeen preferred. At hearing, learned counsel for the appellant pressed on thequantum of sentence.

5) Perused the record of the trial Court.

6) On appreciation of testimonies of the prosecution witnesses, the trialCourt acquitted the appellants/accused from Section 294, 341, 323, 336 and506/34 of IPC under Section 323(3 counts) of IPC. So the findings ofconviction of appellants/accused under Section 323 (3 counts) of IPC of thejudgment are also proper. They do not call for interference. Hence, theconviction of the appellants/accused persons under Section 323 (3 counts) ofIPC is affirmed.

7) The trial Court in considering the quantum of sentence has mentionedthat the appellants/accused persons have no criminal antecedents. They beargood character. Nothing adverse has been recorded during trial regarding conviction of the appellants/accused persons but the trial Court has notconsidered the submissions regarding extention of benefit of Probation ofOffenders. Considering the evidence that the genesis of incident is anagricultural land but the parties are relatives. In these circumstances this is a fitcase to extend the benefit of Section 4 of the Probation of Offenders Act, 1958to appellants/accused.

8) In this case, there is no criminal antecedent of the appellants/accused.They are facing the trial from 2014. Looking to the nature of the incident, havingregard to the facts and circumstances of the case and the character ofappellants/accused as first offender, it is expedient to release them on probationof good conduct under Section 4 of the Probation of Offenders Act, 1958.

9) The appeal is partly allowed and the finding of the trial Courtregarding the sentence is modified and instead of sentencing theappellants/accused at once it is directed that appellants/accused be released onbail entering into bond with surety of Rs.15,000/-(Rupees Fifteen Thousand

Only) each to the satisfaction of the trial court within a period of 90 days toappear and receive sentence when called upon by the trial Court during a periodof 3 years and in the meantime to keep the peace and be of good behavior. Theamount of fine shall be paid to victims under Section 351(7) of Cr.P.C. asRs.5,000/- per victim.

10) Under Section 5 of Probation of Offenders Act, 1958, theappellants/accused persons shall also pay Rs.2,000/- (Rupees TwoThousand Only) each to the injured as compensation for the injuries sufferedfor the commission of offence. The appellants/accused persons shall depositthe compensation amount within a period of 90 days, failing which the said amount shall be recovered from appellants/accused persons in accordance withlaw. The amount of fine deposited by the appellants/accused persons before thetrial Court shall be adjusted towards in amount of compensation.11) With the aforesaid, the criminal appeal is disposed off.

Shruti

(GAJENDRA SINGH)JUDGE