Madhya Pradesh High Court
Devisingh & Another vs State Of M.P. on 26 December, 2023
Author: Achal Kumar Paliwal
Bench: Achal Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT I N D O R E
BEFORE
HON'BLE SHRI JUSTICE ACHAL KUMAR PALIWAL
ON THE 26th OF DECEMBER, 2023
CRIMINAL APPEAL No. 1102 of 2007
BETWEEN:-
DEVISINGH S/O PADAMSINGH,
AGED 25 YEARS, OCCUPATION: AGRICULTURE
1.
VILLAGE-GUNDIKHURD,TEHSIL - AGAR,
DISTRICT - SHAJAPUR (MADHYA PRADESH)
SAJANSINGH S/O PADAMSINGH,
AGED 23 YEARS, OCCUPATION-AGRICULTURE
2.
VILLAGE-GUNDIKHURD,TEHSIL-AGAR,
DISTRICT-SHAJAPUR (MADHYA PRADESH)
.....APPELLANTS
(MR. A. SIDDIQUE, ADVOCATE FOR APPELLANTS)
THE STATE OF MADHYA PRADESH
THROUGH POLICE-STATION-AGAR
DISTRICT-SHAJAPUR (MADHYA PRADESH)
.....RESPONDENT
(MS. HARSHLATA SONI, ADVOCATE FOR RESPONDENT)
This appeal coming on for hearing this day, the court
passed the following:
ORDER
With the consent of counsel for the parties, matter is
finally heard.
(2) This criminal appeal has been filed by appellants under
Section 374 of Code of Criminal Procedure, 1973, challenging
the judgment dated 17.09.2007 passed in Session Trial
No.172/2006 by Additional Sessions Judge to the Court of
Additional Sessions Judge, Agar-Malwa, District-Shajapur
(MP) convicting the appellants under Section 324/34 of Indian
Penal Code, 1860 and sentenced them to undergo RI of one
year each with fine of Rs.1000/- with further default
stipulations.
(3) Learned counsel for the appellants, at the outset, has
submitted that he is not challenging the conviction of
judgment and he is only challenging the sentence part of
judgment. He further submits that learned trial Court has
acquitted the remaining accused and has only convicted the
appellants/accused - Devisingh and Sajansingh under Section
324/34 of Indian Penal Code, 1860. It is also urged that
learned trial Court has acquitted the appellants, including
other accused persons, with respect to offences under Section
452, 294, 506 (Part-II), 427 of IPC and under Section 323/34
and 324/34 of IPC with respect to injured Guman Singh,
Shankar Bai and Bhagat Bai. The case is pending since 2004
and there are no criminal antecedents against them. Hence,
appellants' sentence of imprisonment be set-aside and
appellants be sentenced with fine only.
(4) Per contra, learned counsel for the respondent/State
submits that learned trial Court has rightly convicted and
sentenced the appellants and other accused persons, as
aforesaid. No interference is called for in the instant case in
the findings recorded by the trial Court. Hence, appeal be
dismissed.
(5) I have heard learned counsel for the parties and have
perused the record of the case.
(6) So far as conviction of appellants as regards offence
under Section 324/34 of IPC are concerned, I have gone
through the evidence adduced by the prosecution. A perusal of
depositions of prosecution witnesses, especially, Shankarbai,
Bhagatbai, Kamalsingh, Inderbai and Gumansingh, reveal that
appellants - Devisingh and Sajansingh, on alleged date, time
and place had assaulted Kamalsingh with sword and caused
injuries on his shoulder as well as on the palm of Kamal
Singh. On above points, there are no contradictions and
omissions in the testimonies of prosecution witnesses, inter-
se and in their court testimony as well as in the police
statements.
(7) The testimony of Kamalsingh and Assistant Sub-
Inspector Mr. B.L. Solanki along with FIR Ex.P/1 reveal that
FIR has been lodged on the date of incident itself and there is
no delay in lodging the FIR. Further, there are no
contradictions and omissions in the testimony of Kamalsingh
and FIR Ex.P/1. Hence, deposition of Kamalsingh stands
corroborated from FIR Ex.P/1.
(8) Further, testimony of Doctor Ghanshyam and MLC
Ex.P/14 also corroborates Kamal Singh's testimony on the
point of injuries.
(9) Hence, in view of above and overall evidence on record,
it cannot be said that learned trial Court has wrongly
convicted the appellants under Section 324/34 of IPC. Hence,
trial Courts findings with respect to above are affirmed.
(10) So far as sentence is concerned, a perusal of para 21 and
37 to 44, reveal that learned trial Court has acquitted the
appellants as well as other accused persons with respect to
offence under section 452, 294, 506 (Part-II), 427, 323/34 and
324/34 (with respect to injured-Guman Singh, Bhagat Bai and
Shankarbai) and has convicted the present appellants under
Section 324/34 of IPC, only with respect to injured
-Kamalsingh. This case relates to incident dated 24.06.2004.
(11) In view of above, including the nature of injuries
sustained by injured - Kamalsingh and overall facts and
circumstances of the case, this Court deems it proper to
sentence the appellants with fine only and hence, appeal filed
by appellants is allowed and sentence of imprisonment
imposed by the trial Court is set-aside and appellants are
sentenced under Section 324/34 of IPC with fine of Rs.3000/-
each, with default stipulations, three months RI. Appellants
are directed to deposit the above enhanced amount within
three months from today and if appellants fails to deposit the
aforesaid amount within the stipulated time, then they shall
surrender before the learned trial Court to undergo
imprisonment as imposed by the trial Court. Fine amount, if
any, already deposited be adjusted against the enhanced
amount.
(12) With the aforesaid, the appeal stands partly allowed to
the extent as indicated herein above.
(13) Certified copy, as per Rules.
(ACHAL KUMAR PALIWAL)
JUDGE
Arun/-
ARUN
DN: c=IN, o=HIGH COURT OF MADHYA
PRADESH BENCH INDORE, ou=HIGH COURT
OF MADHYA PRADESH BENCH INDORE,
2.5.4.20=d5b56e3de75e7828ced1a96bc4f01
804c3ea1f0a5497e4019e41c0a82cbabbf0,
NAIR
postalCode=452001, st=Madhya Pradesh,
serialNumber=192F2423E128DC1CC004DD8
FF22B3F2FFC3D1EF75981FCBEF3B2B76823F
270F7, cn=ARUN NAIR
Date: 2023.12.27 11:08:00 +05'30'
