The State Of Madhya Pradesh vs Saeed Beg
2022 Latest Caselaw 14981 MP

                                                                 1
                                           IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT JABALPUR
                                                               BEFORE
                                                  HON'BLE SHRI JUSTICE SUJOY PAUL
                                                                  &
                                            HON'BLE SHRI JUSTICE PRAKASH CHANDRA GUPTA
                                                     ON THE 16th OF NOVEMBER, 2022

                                              MISC. CRIMINAL CASE No. 13718 of 2022

                                        BETWEEN:-
                                        THE STATE OF MADHYA PRADESH THROUGH
                                        S.H.O.  PLOICE  STATON   GANPATINAKA
                                        DISTRICT   BURHANPUR   M.P.  (MADHYA
                                        PRADESH)

                                                                                            .....PETITIONER
                                        (BY SHRI AKHILENDRA SINGH - GOVERNMENT ADVOCATE)

                                        AND
                                1.      SAEED BEG S/O AFZAL BEG, AGED ABOUT 24
                                        YEARS, OCCUPATION: NIL R/O NAZIR COLONY
                                        AZAD NAGAR P.S. GANPATINAKA DISTRICT
                                        BURHANPUR (M.P.) (MADHYA PRADESH)

                                2.      SAJID BEG S/O AFZAL BEG, AGED ABOUT 26
                                        YEARS, OCCUPATION: NILL R/O NAZIR COLONY
                                        AZAD NAGAR P.S. GANPATINAKA DISTRICT
                                        BURHANPUR (M.P.) (MADHYA PRADESH)

                                3.      AFZAL BEG S/O HUSSSAIN BEG, AGED ABOUT 55
                                        YEARS, OCCUPATION: NILL R/O NAZIR COLONY
                                        AZAD NAGAR P.S. GANPATINAKA DISTRICT
                                        BURHANPUR (M.P.) (MADHYA PRADESH)

                                                                                         .....RESPONDENTS
                                        (NONE )

                                      T h i s application coming on for admission this day, JUSTICE
                                PRAKASH CHANDRA GUPTA passed the following:
                                                                  ORDER

Signature Not Verified SAN This is an application filed under Section 378(III) of Cr.P.C. / under Digitally signed by DEVESH K SHRIVASTAVA Date: 2022.11.18 17:32:28 IST Section 378(1) Cr.P.C. seeking leave to appeal against the impugned judgment

dated 18.11.2002 passed in S.T. No.50/2017 in acquitting the respondent No.2. from offences punishable under Sections 294,324/34,302,506(2) of IPC and respondent No.1 and No.3 from offences under Sections 294,506(2) of IPC and wrongly converting Section 302 to 304 (1) of IPC.

As per prosecution story, 15 days before the date of incident, Sameer Beg's ball hit the windshield of auto of Sheikh Majid S/o Sheikh Hanif. He told him to play carefully. Thereafter on 19.06.2017 at about 9.30.am Afzal Beg told Sheikh Majid to drive carefully and abused him and when Sheikh Hanif asked him as to why he is abusing Afzal Beg assaulted him on the head with a iron rod and when Sheikh Saeed came to save him, the accused Saeed Beg also

assaulted him with the iron rod. Thereafter on the report of Sheikh Hanif an FIR was lodged on 01.06.2017.

Learned counsel for the appellant/State submits that the Court below has failed to see that there are minor contradiction and based on that, acquittal order has been passed. The statement of Rehana B (PW/1), Sheikh Saeed (PW/2), Sheikh Majid (PW/3) wherein they have stated that the accused Sajid Beg had caught hold the deceased Hanif Sheikh and accused Afzal Beg assaulted the deceased on the front side of the head by means of the iron rod and accused Saeed Beg assaulted Sheikh Saeed (PW/) by means of iron rod. While the eye witness Abdul Arif (PW/11) stated that Sajid Beg repeatedly assaulted with iron rod to the deceased. Therefore, the trial Court has wrongly passed the order and acquitted the respondent No.2 from Sections 294,324/34,302,506(2) of IPC offences and respondents No.1. and 3 from Sections 294, 506 (2) of IPC and wrongly converted Section 302 to 304 (1) of IPC. Hence, he prays for allowing Signature Not Verified SAN

this application.

Digitally signed by DEVESH K SHRIVASTAVA

During the course of argument Government Advocate informed this Date: 2022.11.18 17:32:28 IST

Court that in the connected case pending before this Court i.e. CRA No.7428 of 2021, the present appellant No.1. (Saeed Beg) and appellant No.3 (Aafzal Beg) has been granted the benefit of suspension of sentence.

We have heard the learned Government Advocate at length and perused the record.

Prima facie, we find substance in the argument of learned counsel for the State. Considering the aforesaid, we deem it proper to grant leave.

We order accordingly.

The case be converted into Criminal Appeal.

Registry shall issue bailable warrant of Rs. 25,000/- (Rupees Twenty five thousand only) to all the respondents for a date to be fixed by the Registry.

Accordingly, this M.Cr.C. is disposed off.

                                  (SUJOY PAUL)                                 (PRAKASH CHANDRA GUPTA)
                                     JUDGE                                              JUDGE
                                DevS




Signature Not Verified
  SAN




Digitally signed by DEVESH K
SHRIVASTAVA
Date: 2022.11.18 17:32:28 IST