The State Of M.P. vs Naresh And Ors.
2021 Latest Caselaw 7221 MP

                                  -1-
                                                          Cr.A. No.2075/1997


        THE HIGH COURT OF MADHYA PRADESH AT
                     JABALPUR
              Criminal Appeal No.2075/1997
                        The State of M.P.
                              Versus
                    Naresh Kumar and others

     Date of Judgment      10.11.2021

     Bench Constituted Single Bench

     Judgment              Hon'ble Shri Justice Sanjay
                           Dwivedi, J.

delivered by

Whether approved ----

for reporting

Name of counsels For Appellant/State : Shri Prakash for the parties Gupta, Panel Lawyer.

                           For Respondents          :    Shri     U.S.
                           Jaiswal, Advocate.

     Law laid down         ----

     Significant Para      ----
     Nos.

                        (J U D G M E N T)
                          (10.11.2021)

This appeal is filed under Section 378(3) of the Code of Criminal Procedure against the judgment dated 12.04.1996 passed by the Court of Judicial Magistrate First Class-Pawai, District Panna acquitting the respondents from the offence punishable under Sections 147, 148, 294 and 324/149 of the Indian Penal Code.

2. The appellant/State preferred the instant appeal mainly on the ground that the trial Court has ignored the statements of the witnesses and not relied upon them as they were the injured persons, sustained

Cr.A. No.2075/1997

injuries in the alleged incident and the Court below has considered them to be the interested party/witness.

3. Shri Gupta, learned counsel appearing for the appellant/State submits that the judgment of the trial Court is not sustainable for the reason that the witnesses merely because they sustained injuries cannot be said to be interested party/witness and their statement cannot be discarded and ignored outrightly by the Court below only because they were party in a fight in which they sustained injuries and as such, he submits that the order passed by the Court below is liable to be set aside. He also submits that even after considering the statement of Dr. Ranjit Singh (PW-10) and looking to the nature of injuries, the respondents were liable to be convicted.

4. Shri U.S. Jaiswal, learned counsel appearing for the respondents/accused on the other submits that the incident occurred on 25.03.1986. He submits that on the festival of Holi, some persons took down the wooden fencing of the complainant's house and burnt the same on the night of Holi due to which the alleged incident occurred and some injuries were caused to the complainant. He further submits that a false FIR was lodged against the respondents/accused persons because the complainant was annoyed with the conduct of the respondents as they had taken down the wooden fencing of his house and burnt the same. He further submits that even otherwise considering the fact that the incident occurred somewhere in the year 1986, it would not be proper and would also not be in the interest of justice to convict the present respondents at this juncture.

Cr.A. No.2075/1997

He also submits that the trial Court has rightly discarded the statements of the prosecution witnesses because they were not trustworthy and their statements were not corroborated with other material produced by the prosecution.

5. Considering the submissions made by the learned counsel for the parties and perusal of record so also the finding given by the trial Court in paragraph-15 of its judgment to some extent I am not satisfied with the observation made by the Court below merely because the witnesses produced by the prosecution were the injured witnesses cannot be said to be interested party/witness and their statements cannot be outrightly rejected. But on the other hand, at this stage, it would not be proper for this Court to set aside the judgment and send the present respondents in jail for the incident which occurred in the year 1986.

6. Under such a circumstance, in the interest of justice, instead of setting aside the judgment and sending the respondents in jail for suffering conviction for the offence committed by them, it would be proper to impose fine on the respondents to compensate the complainant. Accordingly, the respondents are directed to pay Rs.2,000/- (rupees two thousand only) per head to the complainant within a period of three months from today. The amount of fine/compensation so awarded by this Court be deposited in the Accounts of C.C.D. of District Court Panna from where the complainant or his LRs can withdraw the amount.

7. However, it is made clear that in case of default

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of payment of fine/compensation amount awarded by this Court, the respondents would suffer 3 months RI for the offences committed by them.

8. With the aforesaid, the appeal filed by the appellant/State is disposed of.

(Sanjay Dwivedi) Judge ac/-

ANIL CHOUDHARY 2021.11.15 18:37:46 +05'30'