Madhya Pradesh High Court
Kailash 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. 1980 of 2007
BETWEEN:-
1. KAILASH S/O ISHWARI KATARE, AGED ABOUT 23
YEARS, R/O VILLAGE AMATOLA (KASPUR), P.S.
AND TAHSIL WARASEONI, DISTRICT BALAGHAT
(MADHYA PRADESH)
2. ISHWARI S/O JIYALAL KATARE, AGED ABOUT 50
YEARS, R/O VILLAGE AMATOLA (KASPUR), P.S.
AND TAHSIL WARASEONI, DISTRICT BALAGHAT
(MADHYA PRADESH)
3. RAMKISHORE S/O BHARATLAL THAKRE, AGED
ABOUT 38 YEARS, R / O VILLAGE AMATOLA
(KASPUR), P.S. AND TAHSIL WARASEONI,
DISTRICT BALAGHAT (MADHYA PRADESH)
4. NANDKISHORE S/O BHARATLAL THAKRE, AGED
ABOUT 35 YEARS, R / O VILLAGE AMATOLA
(KASPUR), P.S. AND TAHSIL WARASEONI,
DISTRICT BALAGHAT (MADHYA PRADESH)
.....APPELLANTS
(BY SHRI UMESH TRIVEDI - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH (MADHYA
PRADESH)
.....RESPONDENT
(BY SHRI PRASANJIT CHATERJEE - PANEL LAWYER)
Th is appeal coming on for hearing this day, t h e court passed the
following:
JUDGMENT
By the present appeal, the appellants have challenged the judgment of
conviction and sentence dated 07.09.2007 passed by Special Judge, Balaghat,
in Special Case No.24/2007 whereby the appellants have been convicted under
Section 452 of Indian Penal Code and sentenced to undergo 1 year R.I and fine
of Rs.500/- and in default, to further undergo 2 months' R.I. and under Section
323/34 of Indian Penal Code and sentenced to undergo 6 months' R.I. and fine
of Rs.200/- and in default, to further undergo 15 days' R.I., on 4 counts.
2. The learned counsel appearing on behalf of the appellants has submitted
that the Police- Waraseoni, District- Balaghat, registered Crime No.72/2006
under Section 452, 294, 323/34 of the Indian Penal Code and Section 3(1)(x) of
the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act and
filed the charge-sheet after completion of the investigation. According to the
learned counsel for the appellants, the appellants are innocent and have falsely
been implicated and the prosecution has failed to prove the case beyond
reasonable doubt, no independent witness has supported the case of the
prosecution and only injured were examined.
3. After hearing the learned counsel for the appellants as well as the learned
Panel Lawyer appearing on behalf of the respondent/State and after perusal of
record, it appears that PW/1- Chhote Lal, PW/2- Paaris Lal, PW/3- Renukala
Bai, PW/4- Jhadu Lal, narrated the incident and supported the prosecution
story. PW/5- Dr. Ravindra Tathod explained the injuries. By the judgment dated
07.09.2007, the learned Special Judge acquitted the appellants from the offence
punishable under Section 3(1)(x) of the SC/ST (Prevention of Atrocities) Act as
well as from the offence under Section 506 (Part-II) of Indian Penal Code and
convicted the appellants under Sections 452, 323/34 of Indian Penal Code and
sentenced as stated above. The appellants remained in custody from 20.03.2006
to 22.03.2006 during trial. The learned Special Judge has passed the judgment
of conviction after due appreciation of evidence and I do not find any reason to
interfere in the judgment of conviction.
4. However, looking to the facts that the incident took place in the year
2006 and the appellants belong to labour class, the prosecution has not brought
any past criminal antecedent on record, I deem it proper to reduce the jail
sentence period already undergone by the appellants and enhance the fine
amount from Rs.500/- to Rs.2,500/- for Section 452 and from Rs.200/- to
Rs.2,500/- for Section 323/34 of Indian Penal Code. The enhanced amount be
deposited by the appellants within a period of two months from today. The
appellants are on bail, their personal bonds and bail bonds be discharged.
Accordingly, the appeal is partly allowed.
5. Record of the trial Court be sent back along with copy of the judgment.
(VINAY SARAF)
V. JUDGE
Prachi
