Rajendra Singh @ Mammaju vs The State Of Madhya Pradesh
2023 Latest Caselaw 22317 MP

Madhya Pradesh High Court

Rajendra Singh @ Mammaju vs The State Of Madhya Pradesh on 26 December, 2023

                                                          1
                            IN    THE      HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                     BEFORE
                                         HON'BLE SHRI JUSTICE VINAY SARAF
                                            ON THE 26 th OF DECEMBER, 2023
                                           CRIMINAL APPEAL No. 1641 of 2011

                           BETWEEN:-
                           1.    RAJENDRA SINGH @ MAMMAJU S/O SHRI
                                 BUDDHU SINGH BUNDELA, AGED ABOUT 25
                                 YEARS, VILL. KARARGANJ P.S. ALIPURA DISTT.
                                 CHHATARUR (MADHYA PRADESH)

                           2.    S.P.SINGH @ SURENDRA SINGH S/O BUDDHU
                                 SINGH BUNDELA, AGED ABOUT 22 YEARS,
                                 DOURIYA, P.S.NAVGAON, DIST.CHHATARPUR
                                 (MADHYA PRADESH)

                           3.    TRILOK SINGH S/O RAJENDRA SINGH, AGED
                                 ABOUT 29 YEARS, DOURIYA, P.S.NAVGAON,
                                 DIST.CHHATARPUR (MADHYA PRADESH)

                           4.    RAMPRATAP @ JASWANT SINGH S/O VEER SINGH
                                 BUNDELA, AGED ABOUT 29 YEARS, DOURIYA,
                                 P.S.NAVGAON, DIST.CHHATARPUR (MADHYA
                                 PRADESH)

                           5.    CHUNCHUN RAJA @ KRISHNA PRATAP SINGH S/O
                                 ANANT SINGH PARIHAR, AGED ABOUT 26 YEARS,
                                 KARARGANJ, P.S.ALIPURA, DIST.CHHATARPUR
                                 (MADHYA PRADESH)

                                                                                   .....APPELLANTS
                           (BY SHRI MUKESH PANDEY - ADVOCATE )

                           AND
                           THE STATE OF MADHYA PRADESH TH. P.S. NAVGAON
                           DISTT. CHHATARPUR (MADHYA PRADESH)

                                                                                  .....RESPONDENTS
                           (BY MS. PAPIYA GHOSH - PANEL LAWYER )

                                 Th is appeal coming on for hearing this day, t h e court passed the
                           following:
Signature Not Verified
Signed by: SHUBHAM
THAKKER
Signing time: 12/27/2023
6:16:05 PM
                                                               2
                                                             JUDGMENT

By the present appeal filed under Section 374(2) of Cr.P.C, the appellants have challenged the judgment of conviction and order of sentence dated 08.07.2011 passed in Special Case No.14/2007 by Special Judge SC/ST (Prevention of Atrocities) Chattarpur whereby, the appellants have been convicted under Section 148 of IPC and under Section 325/149 of IPC for three counts and sentenced for one year R.I., under Section 148 of IPC for R.I. one year for each count with fine of Rs.1000/- for each count and in default to further undergo one month simply imprisonment under Section 325/149 of IPC.

2. The appellants Ram Pratap Singh and Trilok Singh during trial remained in custody since 28.11.2006 to 04.02.2007 and appellants Rajendra Singh, S.P. Singh and Chunchun Raja remained in custody since 19.11.2006 to 04.02.2007. The fine amount was ordered to pay as compensation to the injured Hansraj, Babu Lal & Ram Lal.

3. Learned counsel for the appellants submits that learned trial Court erred in passing the judgment of conviction. The incident took place due to the election rivalry. The appellants did not caused any injury to the complainant party. The appeal be allowed, the judgment and sentenced be set aside.

4. Per contra, learned Panel Lawyer on behalf of respondent-State submits that the appellants have caused serious injuries to all the injured persons, the injured have deposed in the Court and supported the prosecution case. The appeal is liable to be dismissed.

5. After hearing the learned counsel for the parties and perusal of record, it appears that incident was promptly reported to the police injured Ram Lal, Babu Lal and Hansh Raj sustained fractures and serious injuries. PW-1 Hansh

Raj, PW-2 Babu Lal, PW-4 Ram Lal, PW-5 Betibai and PW-8 Brajlal duly proved the incident and PW-11 Dr. J.P. Tiwari explained the injuries sustained by the injured. The trial Court has passed the judgment after due appreciation of evidence therefore, the conviction is upheld. However, looking to the nature of the offence and the fact that the incident took place due to the election rivalry and the incident is of 2006. All the appellant were less than 30 years old young men at the time of incident, they have suffered more than 2 months custody period, the prosecution has not brought any past criminal antecedent of the appellants. There is no minimum sentence is prescribed under Section 325 of IPC and Section 148 of IPC.

6. Consequently, in the above facts and circumstances, the jail sentence is reduced to the period which the appellants have been already suffered however, fine is enhanced to Rs.3000/- for each count. The enhanced amount be paid to the injured as compensation under Section 357 of Cr.P.C., appellants will deposit the enhanced fine amount within two months from today. The appellants are on bail and their bail bond and personal bail bond be discharged. The record of the trial Court along with copy of the judgment be sent back.

7. Accordingly, the appeal is partly allowed.

(VINAY SARAF) V. JUDGE Shub