Galia @ Galsingh vs The State Of Madhya Pradesh
2021 Latest Caselaw 1623 MP

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Criminal Revision 00614/2021
THE HIGH COURT OF MADHYA PRADESH, BENCH AT
                                    INDORE



      Galia @ Galsingh S/o Soma and another vs. State of M.P.
                          Criminal Revision No. 00614/2021
Indore : 28/04/2021 :-
        Shri Prince Raghunathan, learned counsel for the applicant.
        Shri Kushagra Jain, learned Panel Lawyer for the non-
applicant/State.
        Heard through Video Conferencing finally.
                                   ORDER

This is a revision filed u/s. 397 & 401 of the Cr.P.C. against the judgment dated 20.9.2016 passed by Judicial Magistrate, First Class (JMFC), Dharampuri, District Dhar in Cr. Case No.1178/2015 and judgment dated 18.2.2020 passed by learned Additional Sessions Judge, Dharampuri, District Dhar in Cr. Appeal No.100148/2016 whereby they have been convicted for the offence u/s. 325 read with Section 34 of the IPC along with others and sentenced to undergo one year RI and to pay a fine of Rs.200-200/- with default stipulation.

2. As per the prosecution story, the complainant - Shyamabai (P.W.1) lodged the report in Police Station Dharampuri, District Dhar that near about at 7 pm. in the evening, Galia @ Galsingh, Bhaiyu @ Mahesh and Gangaram came there and told her not to pass through the road from their side and they started abusing her and Galia gave a blow by 'Dang' (wooden stick) in the wrist of her right hand. The report was recorded under NCR (non-cognizable offence) u/s. 155 of the Cr.P.C. for the offence/s u/s. 504 and 323 of the IPC. She was referred to the Medical Officer for examination of injury on her wrist. As per X-ray report dated 14.11.2015 she sustained a fracture, therefore, the FIR was recorded against all the three accused on 28.11.2015 at Crime No.271/2015 for the offences punishable u/s. 504, 323, 325 and 34 of the IPC. All the three accused were arrested on 30.11.2015 and a stick was recovered from the possession of Galia. After completing the investigation, Final Report ( Chalan) was filed

Criminal Revision 00614/2021 THE HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

before the learned Judicial Magistrate First Class .

3. On 12.1.2016, learned Judicial Magistrate First Class framed the charge u/s. 325/34 of the IPC against all the three accused. The accused denied the charges and pleaded for trial. In order to prove the charges, the prosecution examined Shyamabai (P.W.1), Kanchanbai (P.W.2), Dr. Mohan Gupta, Medical Officer (P.W.3), Santosh Patidar, Sub Inspector (P.W.4). In defence, applicants and other accused examined only one witness - Radhu S/o. Soma as D.W.1. After appreciating the evidence that came on record, learned JMFC vide judgment dated 20.9.2016 convicted and sentenced all the three accused, as stated first.

4. Being aggrieved by the aforesaid judgment, all the three accused preferred appeal before the learned Addl. Sessions Judge who vide judgment dated 18.2.2020 dismissed the appeal and affirmed the conviction and sentence awarded to the accused. At the time of pronouncement of the judgment all the three accused were absconding, therefore, arrest warrants were issued. Now the applicants have surrendered before the court and send to jail.

5. Shri Raghunathan, learned counsel appearing for the applicants submit that the applicants have wrongly been convicted u/s. 325 with the aid of Section 34 of the IPC. As per the evidence of complainant Shyamabai (P.W.1), the only applicant No. 1 Galia assaulted her by stick and due to which she sustained a fracture in her wrist. There was no common intention between all the three accused, therefore, the present applicant No. 2 has wrongly been sentenced to one year. He further submitted that as per the statement of the complainant (P.W.1) and Dr. Mohan Gupta (P.W.3), the injured has suffered the fracture as she fell from the staircases in the temple. The applicants and the injured are closed relatives and the applicants have been falsely implicated in this case. Learned counsel submits that another co

Criminal Revision 00614/2021 THE HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

accused filed a Criminal Revision No.2289/2020 before this court against the impugned judgment and vide order dated 05.01.2021 the said Criminal Revision has been partly allowed by reducing the sentence from one year to three months, hence applicants are having parity with them. He, therefore, prayed that the revision be allowed and the applicants be acquitted from the charges.

6. Per contra, Shri Jain, learned Panel Advocate appearing for the respondent/State has argued in support of the impugned judgments passed by the courts below. He submits that all the three accused are real brothers and out of three, now applicants have surrendered. Learned Courts below have rightly convicted all of them and there is no scope for interference in this revision. As per the Doctor's opinion who examined the injured on 14.11.2015, the injured has sustained the injury by hard and blunt objection within 24 hours of the offence. The maximum sentence u/s. 325 of the IPC is 7 years and the learned courts below have rightly awarded one year sentence and there is no scope for further reduction in the sentence. Learned Penal Lawyer submits that Galia has no parity with the other two accused hence sentence awarded to him is not liable to be reduced. Therefore, this revision is liable to be dismissed.

7. I have perused the record of the Courts below and the statement of P.W.1, P.W.2 and P.W.3 and I do not find any perversity in the findings recorded by the courts below. Immediate after the commission of the offence, the report was lodged in the Police Station by the complainant specifically alleging that all the three accused have abused her and Galia assaulted her by way of stick and she has suffered an facture in her wrist of the right hand. A fracture has been confirmed by the X-ray report, therefore, there is no scope of interference on the merits of the case.

8. So far as a sentence of one year awarded to the present

Criminal Revision 00614/2021 THE HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

applicant is concerned, the two accused have been convicted with the aid of Section 34 of the IPC. The allegation of causing injury is against the co-accused Galia who assaulted the complainant by way of a stick and the stick has been recovered from his possession. The only allegation against the applicant No.2 was that he detained the complainant and objected to passing through the road from their side. In the court statement, the complainant has improved her version that all the three accused have assaulted her by stick and thrown on the floor due to which she has sustained the injury in her right hand, but in the NCR she has specifically alleged that Galia gave a blow by stick on her hand. The applicants have no criminal past and they are facing trial for the last five years. The applicants and injured are close relatives, therefore, the sentence of one year awarded by the courts below is excessive and the same deserves to be reduced.

9. In view of the foregoing discussion, the conviction of the applicants is hereby maintained, but the sentence of one year awarded to them is reduced to the period of six months RI to applicant No.1/Galia @ Galsingh and period of three months RI to applicant No.2/Bhayyu @ Mahesh with no change in the fine amount.

10. With the aforesaid, this revision stands partly allowed to the extent indicated above.

(VIVEK RUSIA) Judge Aiyer*

JAGDISHAN AIYER 2021.04.29 12:52:50 +05'30'