Harishankar @ Hari Panika vs The State Of Madhya Pradesh
2021 Latest Caselaw 3799 MP

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                                                             CRA-1541-2021



        THE HIGH COURT OF MADHYA PRADESH
                          CRR-1541-2021
       (Harishankar and another vs The State of M.P. and another)

Jabalpur, Dated 31-07-2021.

      Heard through Video Conferencing.
      Shri A.S. Parihar, learned counsel for the appellants.
      Shri Anil Upadhyay Panel Lawyer for the respondent/State.

Heard on I.A No. 12274/2021, which is the first application under Section 389 of the Code of Criminal Procedure for suspension of sentence.

2. The appellants have been convicted under Section 325 of the Indian Penal Code and have been awarded one year's rigorous imprisonment each with fine of Rs.1000/- each. Their conviction has been upheld by the Appellate Court but their sentence has been reduced to the half of the sentence awarded by the Trial Court.

3. It is argued by the learned counsel for the appellants that no fracture has been found in the medical examination of the complainant/victim. Only a dislocation of upper right femur bone has been observed by the doctor which does not amount to fracture. Therefore, the conviction of the appellants under Section 325 of I.P.C is contrary to the settled law. At the most they can be convicted under Section 323 Indian Penal Code. Further, it is argued that this dislocation has not been attributed to any specific accused/appellants and in such situation the appellants cannot be convicted under Section 325 of I.P.C. It is also submitted that neither the scriber of the F.I.R nor the Investigating Officer have been examined before the Trial Court. The appellants are in jail since 3rd and 5th July 2021 respectively. Nothing has been seized from the appellants.

CRA-1541-2021

4. Learned counsel for the appellants has drawn my attention to the cross-examination of the victim wherein he has admitted that some Baratis have beaten him up. Victim was never admitted in the hospital. The appeal is likely to take time for its hearing. Therefore, their sentence may be suspended.

5. Quoting the statement of the complainant and other witnesses along with the medical evidence produced by the prosecution, learned Panel Lawyer has opposed the prayer.

6. On due consideration of the arguments advanced by the learned counsel for the appellants and after perusing the judgment and other facts and circumstances of the case, I.A. No.12274/2021 is allowed.

7. It is directed that on deposition of fine amount and also on furnishing personal bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) each with one solvent surety in the like amount to the satisfaction of the trial Court for their appearance before this Court/Registry on 26.10.2021 and on all other subsequent dates, as may be fixed by the Registry in this behalf, the execution of substantial jail sentence imposed on the appellants Harishankar @ Hari Panika and Awadhbihari @ Bihari shall remain suspended, till final disposal of this appeal.

8. List the matter for final hearing in due course.

(Virender Singh) JUDGE vivek

Digitally signed by VIVEK KUMAR TRIPATHI Date: 2021.08.03 10:40:35 +05'30'