Ashok Kumar vs State Of Mp
2021 Latest Caselaw 349 MP

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           THE HIGH COURT OF MADHYA PRADESH
                        CRR 263/2021
              Ashok Kumar and Anr. Vs. State of MP

Gwalior, Dated :01/03/2021

        Shri Rameshwar Rawat, Counsel for the applicants.

        Smt. Uma Kushwah, Panel Lawyer for the respondent/ State.

Shri Ashutosh Pandey, Counsel for the complainant.

This criminal revision under Section 397/401 of CrPC has been

filed against the judgment and sentence dated 29/01/2021 passed by

Second Additional Judge to the Court of First Additional Sessions

Judge Datia in Criminal Appeal No.43/2017, arising out of the

judgment and sentence dated 19/07/2017 passed by JMFC, Datia in

Criminal Case No. 151/2016 by which the applicants have been

convicted under Section 325 read with Section 34 of IPC and have been

sentenced to undergo the rigorous imprisonment of six months with a

fine of Rs.500/- with default imprisonment.

This Court, by order dated 08/02/2021, had observed that there is

a very little scope of interference in the merits of the findings of the

Trial Court as well as the Appellate Court. Accordingly, the Counsel for

the applicants had prayed for some time to argue on the question as to

whether the benefit of probation under Section 360 of CrPC or under

the Probation of Offenders Act, 1958 is admissible to the applicants

who happen to be aged about 60 years and 26 years respectively or not ?

Thereafter, on 16/02/2021, the State Counsel was directed to seek

THE HIGH COURT OF MADHYA PRADESH CRR 263/2021 Ashok Kumar and Anr. Vs. State of MP

instructions as to whether the applicants have any criminal antecedents

or previous conviction or not?

Thereafter, the applicants and the complainant filed an

application under Section 320(2) of CrPC for compounding the offence

with the permission of this Court, which was registered as IA No 6246

of 2021 and this Court, by order dated 24/02/2021, had directed the

complainant and victim to appear before the Principal Registrar of this

Court for recording of their statements to enable this Court to assess the

genuineness or otherwise of their intention to compound the offence in

question.

Accordingly, the complainant and victim, namely, Devendra

Bhargava and Sahdev Bhargava appeared before the Principal Registrar

of this Court and expressed that they are now not interested in further

prosecution of the applicants and accordingly, the Principal Registrar of

this Court has given the following report:-

''After verifying from Complainant/ Injured Devendra and Sahdev Bhargava, that they submits that they have compromised with Accused/ Petitioners voluntarily, without any threat, inducement and coercion.

According to Sec. 320 of CRPC the Offences U/s.

325, 34 of I.P.C. is compoundable.''

Since the offence under Section 325 of IPC is compoundable with

the permission of the Court, therefore, before granting permission, this

Court thinks it apposite to consider the nature of allegations as well as

THE HIGH COURT OF MADHYA PRADESH CRR 263/2021 Ashok Kumar and Anr. Vs. State of MP

the injuries caused to the victim Sahdev Bhargava.

According to the prosecution case, the applicants were trying to

lay down the electricity wire in an illegal manner. When the victim

Sahdev Bhargava objected to it and insisted that the applicants must

deposit the electricity bill and only thereafter, they must utilize the

electricity connection, then, the applicants started abusing the victim

Sahdev Bhargava and assaulted him by lathis as a result of which, he

sustained various injuries on different parts of his body. Accordingly,

108 Ambulance was called and the injured was taken to District

Hospital, Datia and FIR (Ex.P1) was lodged by complainant Devendra

Bhargava in Police Station Jigna, District Datia.

The victim Sahdev Bhargava was medically examined and one

contusion of 3x3 cm on the left hand, ½ of the radius region with

swelling and redness and pain and tenderness on the left side of back

without swelling and reddish was seen. X-ray of left hand was advised

and accordingly, fracture of lower half of left ulna bone of left forearm

was seen. X-ray report is Ex.P8. MLC report of Sahdev Bhargava is

Ex.P7 (in the MLC report, part of the body on which injuries were

caused, is described as ''forehand'' in place of ''forearm'').

The Trial Court, after considering the evidence of the witnesses

as well as defence taken by the applicants, convicted the applicants for

THE HIGH COURT OF MADHYA PRADESH CRR 263/2021 Ashok Kumar and Anr. Vs. State of MP

offence under Section 325 r/w Section 34 of IPC and sentenced them to

undergo the rigorous imprisonment of six months with a fine of

Rs.500/- with default imprisonment of one month.

Being aggrieved by the said judgment and sentence of the Trial

Court, the applicants preferred an appeal which too has been dismissed

by the impugned judgment and sentence dated 29/01/2021 passed by

Second Additional Judge to the Court of First Additional Sessions

Judge Datia in Criminal Appeal No.43/2017.

If the allegations made against the applicants are considered, then

it is clear that the incident took place on consumption of electricity in an

illegal manner without depositing the electricity bill. However, the

prosecution has not examined any officer of Electricity Department to

substantiate its allegation that the Electricity Bill was outstanding

against the applicants.

Be that as it may.

It appears that two injuries were caused to the victim Sahdev

Bhargava and one was caused on his left forearm, whereas another was

caused on his back. The injuries sustained by the victim on his left

forearm also resulted in fracture of lower half of left ulna bone. The

applicants are facing trial for the last four years. After dismissal of their

criminal appeal, the applicants were sent to jail. It is further clear that

THE HIGH COURT OF MADHYA PRADESH CRR 263/2021 Ashok Kumar and Anr. Vs. State of MP

the applicants have already undergone jail sentence of one month out of

total sentence of six months, awarded by the Trial Court.

Taking into consideration the cumulative facts and circumstances

of the case, this Court is of the considered opinion that permission can

be granted to parties to compound the offence under Section 320(2) of

CrPC. Accordingly, in the light of verification report submitted by the

Principal Registrar of this Court, IA No.6246/2021 is hereby allowed.

The compounding of offence is permitted.

As a consequence thereof, the judgment and sentence dated

29/01/2021 passed by Second Additional Judge to the Court of First

Additional Sessions Judge, Datia in Criminal Appeal No.43/2017 and

the judgment and sentence dated 19/07/2017 passed by JMFC, Datia in

Criminal Case No.151/2016 are hereby set aside. The applicants are

acquitted of the charge under Section 325/34 of IPC.

With aforesaid observations, the criminal revision is finally

disposed of.

(G.S. Ahluwalia) Judge

MKB

MAHENDRA KUMAR BARIK 2021.03.03 VALSALA VASUDEVAN 2018.10.26 15:14:29 -07'00' 14:43:14 +05'30'