Abdul Rajak vs The State Of M.P.
2022 Latest Caselaw 438 MP

                             1
                                                   Cr.Appeal No.1253 of 1999

              HIGH COURT OF MADHYA PRADESH
                     BENCH AT INDORE


                        Cr.Appeal No.1253/1999

Abdul Razzak S/O Abdul Ghani Age - 36 years, Occupation Agriculturist
                R/o Gandhi Colony, Bagli Distt. Dewas

                                      Vs.

                        State of Madhya Pradesh

--------------------------------------------------------------------------------
Shri Sunil Yadav, learned counsel for the appellant.
Shri Amit S. Sisodia, learned Govt. Advocate, for the
respondent/State.
--------------------------------------------------------------------------------

Reserved on:21.12.2021


                           JUDGMENT

(Delivered on 10.01.2022)

Satyendra Kumar Singh, J.,

Appellant has preferred this appeal under Section 374(2) of

the Code of Criminal Procedure, 1973(2 of 1974) [in short

Cr.P.C.] being aggrieved by the judgment dated 07.09.1999

passed by the Court of Sessions Judge, Distt. Dewas in S.T.No

53/1999, whereby the appellant has been convicted under Section

324 of Indian Penal Code, 1860 (hereinafter called IPC) and

sentenced to undergo R.I. for three years.

2. The prosecution case in brief is that on 07.01.1999 at about

13:00 p.m., while complainant's son Santosh was going towards

Bagli Bazar, the appellant met him in front of Guddu's house.

Appellant asked Santosh as to why he has made complaint to the

liquor contractor about selling of liquor and when Santosh denied,

Cr.Appeal No.1253 of 1999

he assaulted him with deadly weapon knife on left side of his

back in between the ribs and caused grievous injury to him.

Santosh told about the incident to Laxmichand and thereafter to

his father complainant Radheyshay who took him to Primary

Health Care Centre, Bagli where Dr. S.K. Gupta, medically

examined Santosh and found a stab wound measuring 3x4 inches

x ½ inchesx2 ½ inches deep obliquely on the left side of his back

in frontal region and after preparing MLC report (Ex. P-3) referred

him to M.Y. Hospital, Indore where on the same day, Dr. Anurag

Goyal admitted and treated him till 13.01.1999 as per treatment

card(Ex P-11). On the same day, SHO J.G. Choubey lodged the

FIR (Ex P-1) on the report of complainant Radheyshyam

whereafter, SHO J.G. Choubey rushed to the spot and prepared

spot map(Ex. P-2), seized blood stained shirt and vest of the

injured Santosh from the possession of his father/complianant-

Radheyshyam as per seizure memo(Ex. P-6).

3. During investigation, appellant was arrested u/s 151 of

Cr.P.C. and a knife was seized from his possession as per seizure

memo (Ex. P-7). Thereafter, SHO J.G. Choubey made formal

arrest of the appellant in the crime as per arrest memo(Ex. P-8).

Vide letter (Ex. P-9), he sent all the seized material for chemical

analysis to Forensic Science Lab, Sagar. After due investigation,

chargsheet was filed before the Court of Judicial Magistrate First

Class, Bagli who committed the case to the Court of Sessions.

4. Trial Court after considering the prosecution evidence,

framed charges u/S 307 of IPC. The appellant abjured his guilt in

Cr.Appeal No.1253 of 1999

his statement recorded u/S 313 of Cr.P.C.

5. On considering the prosecution evidence, learned Court of

Sessions Judge convicted the appellant u/S 324 of IPC instead of

307of IPC and sentenced him as mentioned in para 1.

6. Learned counsel for the appellant submits that incident

occurred all of a sudden and only one injury was found on the

body of the injured. Learned Court below has not found the same

as dangerous to life and convicted the appellant u/S 324 of IPC.

Appellant remained in custody from the date of arrest i.e.

08.01.1999 till 05.02.1999 for a period of 29 days as per certificate

u/S 428 of Cr.P.C. Hence, looking to the nature of injuries and

overt act of the appellant, jail sentence of the appellant may be

reduced to the period already undergone by him in custody.

7. On the other hand, learned counsel for the respondent/State

submits that conviction and sentence given by the Sessions Court

is proper. He further submits that in case the jail sentence is

reduced to the period already undergone by the appellant, heavy

fine may be imposed upon him.

8. On considering the submissions made by learned counsel

for the parties and looking the facts and circumstances of the case,

it apparent that appellant does not challenge the merits of the case.

Howe over, looking to the statement of complainant

Radheyshya(PW-1) and his son/victim Santosh(PW-2) which is

supported by timely lodged FIR (Ex. P-1), statement and MLC

report (Ex.P-3) of Dr. H.K. Gupta (PW-4), it appears that appellant

was rightly convicted for the offence punishable u/S 324 of IPC.

Cr.Appeal No.1253 of 1999

So far as the sentence is concerned, it is true that appellant caused

one stab injury deep obliquely on the left side of his back in

frontal region. Under such circumstances where the appellant was

the first offender and remained in custody for during the pre

conviction period i.e. for 29 days, it would be appropriate to

reduce his jail sentence to the period, which he has already

undergone in the custody with a heavy fine.

9. On the basis of aforesaid discussion, the appeal filed by the

appellant is hereby partly allowed. His conviction for offence

punishable u/S 324 of IPC is hereby maintained, but the sentence

is reduced to the period, which he has already undergone in the

custody. However, since learned Court below has not imposed

any fine amount, he is directed to deposit fine of Rs. 10,000/- and

in default of payment of fine to undergo rigorous imprisonment

of six months. Out of the said amount of fine, Rs. 5,000/- shall be

paid to the injured/victim. The fine amount so imposed shall be

deposited before the trial Court within one month from today.

10. Since appellant has been granted suspension of sentence by

this Court vide order dated 04.10.1999, his bail bonds shall stand

discharged and appellant be set at liberty, if not required in any

other case, subject to deposit of fine amount as mentioned above.

11. A copy of the judgment be sent to the trial Court for

information.

(Satyendra Kumar Singh) Judge 10-01-2022 sh/-

Digitally signed by SEHAR HASEEN DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH INDORE, ou=HIGH COURT OF MADHYA

SEHAR PRADESH BENCH INDORE, postalCode=452001, st=Madhya Pradesh, 2.5.4.20=900ec6fc757798eaeb3df7a3 2860bd3298415a4d1c2d91436213f2

HASEEN 568c8f27da, pseudonym=F50E66F24169404D6C1 C89B398467A979218326F, serialNumber=E7DBBA955B262C04B 8413251CE7FB6F0B7DBA610C57F15 59C08BF6C6F5DD40D4, cn=SEHAR HASEEN Date: 2022.01.12 17:17:08 +05'30'