Kartar Singh vs State Of M.P.
2023 Latest Caselaw 22338 MP

Madhya Pradesh High Court

Kartar Singh vs State Of M.P. on 26 December, 2023

                                                           1
                           IN    THE       HIGH COURT OF MADHYA PRADESH
                                                 AT GWALIOR
                                                   BEFORE
                                  HON'BLE SHRI JUSTICE RAJENDRA KUMAR VANI
                                            ON THE 26 th OF DECEMBER, 2023
                                            CRIMINAL APPEAL No. 572 of 2010

                          BETWEEN:-
                          1.    KARTAR SINGH S/O SHRI SHANKAR SINGH
                                BUNDELA AGED ABOUT 35 YEARS, OCCUPATION:
                                R/O GRAM LIDHOURA, P.S. CHANDERI, DISTRICT
                                ASHOKNAGAR (MADHYA PRADESH)

                          2.    SENGHPAL SINGH S/O SHRI SHANKARSINGH
                                BUNDELA, AGED ABOUT 33 YEARS, OCCUPATION:
                                R/O GRAM LIDHOURA, P.S. CHANDERI, DISTRICT
                                ASHOKNAGAR (MADHYA PRADESH)

                          3.    YASHPAL SINGH S/O SHRI SHANKAR SINGH
                                BUNDELA, AGED ABOUT 23 YEARS, OCCUPATION:
                                R/O GRAM LIDHOURA, P.S. CHANDERI, DISTRICT
                                ASHOKNAGAR (MADHYA PRADESH)

                                                                                     .....APPELLANTS
                          (BY SHRI S.S. RAJPUT - ADVOCATE)

                          AND
                          STATE OF M.P. POLICE STATION CHANDERI, DISTRICT
                          ASHOKNAGAR (MADHYA PRADESH)

                                                                                     .....RESPONDENT
                          (BY SHRI NITIN GOYAL - PANEL LAWYER)

                                Th is appeal coming on for hearing this day, t h e court passed the
                          following:
                                                            ORDER

This appeal has been filed by the appellants under Section 374 (2) of Cr.P.C. being aggrieved by the judgment dated 20.7.2010 passed by the Special Judge (Prevention of Atrocities) Guna in Special Session Trial No.133/2006

whereby the appellants have been convicted under Section 324/34 of the I.P.C

and sentenced to undergo six months rigorous imprisonment with fine of Rs.1000/- each.

2. In brief case of the prosecution case is that complainant Mukesh lodged a written report at Police Station Chanderi, District Ashoknagar on 16.7.2006 to the effect that on 15.7.2006 at about 8-9 P.M. accused persons came to his house and abused him in the name of his caste and committed marpeet with him by means of lohangi, parena and iron rod, due to which he suffered injuries on his left shoulder and leg. Her brother and wife saved him. It is further mentioned in the report that calf of the accused Kartar Singh entered in his agricultural field and he drove away the said calf from his field, and

therefore, accused persons committed marpeet with him. On his report Crime NO.181/2006 was registered at Police Station Chanderi, District Ashoknagar and appellants were arrested. After completion of investigation, charge-sheet was filed in the Court. Charges were framed against accused persons which they denied and requested for trial. After trial, appellants have been acquitted from the charges under Sections 452, 294, 506 (Part-II) and Section 3(1)(10) of the SC/ST ((Prevention of Atrocities) Act and convicted under Section 324/34 of the I.P.C. as aforesaid.

3. Learned counsel for the appellants/accused submitted that he does not wish to challenge the conviction of the appellants for the aforesaid offence. As regards sentence, it is submitted by learned counsel for the appellants that appellants have already suffered six days jail sentence and they have been facing agony of trial since 2006 for a period of near about 17 years. It is further submitted that complainant suffered simple injury in the incident. The incident took place on a trivial dispute of driving away calf of the accused persons.

Therefore, it is prayed that sentence of the appellants may be reduced to the period already undergone while sentencing the fine fine amount suitably.

4. Learned counsel for the State supported the impugned judgment but he has no objection on deciding the appeal on the point of sentence.

5. Heard the learned counsel for the parties and perused the record.

6. After hearing learned counsel for both the parties and on perusal of the record, it is found that trial Court has rightly appreciated the evidence on record and rightly convicted the appellants under Section 324/34 of the I.P.C. hence, conviction of the appellants under Section 324/34 of the I.P.C. needs no interference.

7. As regards sentence, looking to the facts and circumstances of the case and evidence on record, in the considered opinion of this Court, ends of justice would meet if while reducing the jail sentence of the appellants to the period already undergone by them, the fine is enhanced to Rs.3000/- under Section 324/34 of the I.P.C. Accordingly, while affirming the conviction of the appellants under Section 324/34 of the I.P.C. jail sentence o f the appellants is reduced to the period already undergone by them and fine amount is enhanced to Rs.3000/- each which shall be deposited by them within a period of two months from today, failing which the appellants will have to suffer the sentence as awarded by the trial Court. The fine amount if any, already deposited by the

appellant be adjusted against the aforesaid amount of fine. The entire amount of the fine deposited by the appellants be paid to the complainant/injured as compensation under Section 357 of Cr.P.C.

8. With the aforesaid, the appeal stands disposed of.

(RAJENDRA KUMAR VANI) V. JUDGE Ahmad