Madhya Pradesh High Court
Dinesh vs The State Of Madhya Pradesh on 27 December, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE BINOD KUMAR DWIVEDI
ON THE 27 th OF DECEMBER, 2023
CRIMINAL APPEAL No. 707 of 2011
BETWEEN:-
1. DINESH S/O RAM LAKHAN JAISWAL, AGED
ABOUT 43 YEARS, R/O NARSINGHPUR ROAD
INFRONT OF JAGGANATH SCHOOL
CHHINDWARA PS. KUNDIPURA, DISTT.
CHHINDWARA (MADHYA PRADESH)
2. RAJKUMAR S/O RAM LAKHAN JAISWAL, AGED
ABOUT 30 YEARS, R/O NARSINGHPUR ROAD
INFRONT OF JAGGANATH SCHOOL
CHHINDWARA PS. KUNDIPURA, DISTT.
CHHINDWARA (MADHYA PRADESH)
3. KIRTI W/O RAJKUMAR JAISWAL, AGED ABOUT 36
YEARS, R/O NARSINGHPUR ROAD INFRONT OF
JAGGANATH SCHOOL CHHINDWARA PS.
KUNDIPURA, DISTT. CHHINDWARA (MADHYA
PRADESH),
.....APPELLANTS
(BY SHRI VIVEK AGRAWAL - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH TH. PS. KUNDIPURA,
DISTT. CHHINDWARA (MADHYA PRADESH)
.....RESPONDENT/STATE
(BY MS. SHANTI TIWARI - PANEL LAWYER)
Th is appeal coming on for hearing this day, t h e court passed the
following:
JUDGMENT
This criminal appeal filed under Section 374(2) of the Code of Criminal
Procedure, 1973 (hereinafter referred as "the Code") assails the judgment dated
28/2/2011 passed in Sessions Trial No.130/2008 decided by learned Ist
Additional Sessions Judge, Chhindwara whereby appellant No.1 Dinesh has
been convicted for the offence punishable under Sections 324 and 323 of IPC
and has been sentenced to undergo RI for three months with fine of Rs. 250/-
and imprisonment till rising of the Court with fine of Rs.250/- and appellants
No.2 and 3 Rajkumar and Kitri have been convicted for the offence punishable
under Sections 324/34 and 323 of the IPC and have been sentenced to undergo
RI for three months and fine of Rs.250/- and imprisonment till rising of the
Court and fine of Rs.250/- each with default stipulations.
2. The prosecution story is that on 29/4/2018 at about 8.30 in the morning
complainant Shiv Kumar (PW/1) was brushing his teeth, at the same time,
appellants No.2 and 3 Rajkumar and Kirti, who are brother and sister-in-law
(Bhabhi) of the complainant and accused Dinesh came to his house and
starting scuffling and beating with the complainant. Appellant no.1 Dinesh
assaulted him with knife in the upper part of stomach of the complainant which
caused injury. Appeallants No.2 and 3 Raj Kumar and Kirti also assaulted him
with kicks and fists. Incident was reported to Police Chowki Dharm Tekri
where Dehati Nalishi (Ex.P/4) was recorded and on the basis of this Dehati
Nalishi, Crime No.162/2008 was registered at P.S. Kundipura, Distt.
Chhindwara for the offence under Sections 307, 323 read with Section 34 of the
IPC. Investigation was set in motion. After completion of investigation, charge
sheet was filed in the Court of Magistrate of competent jurisdiction. After
completing the formalities of the provision under Section 207 of Cr.P.C., the
case was committed to the Court of Session and trial commenced. After
completion of the trial vide impugned judgment, learned trial Court convicted
and sentenced the appellants as mentioned hereinabove.
3. Learned counsel for the appellants submits that he does not want to
challenge his contention for assailing the conviction of the appellants. However,
he submits that during trial, appellant no.1 Dinesh was in jail for 21 days,
appellant No.2 Rajkumar was in jail for 9 days and appellant No.3 Kirti was in
jail for about 3 days. The appellants Rajkumar and Kirti are brother and sister-
in-law (Bhabhi) of complainant Shiv Kumar. The appellants have no criminal
antecedents. The incident took place at the spur of movement without any pre
meditation and the appellants faced trial and appeal is of last 13 years back, a
lenient view may be taken as regards to the sentence and the same may be
reduced to the period already undergone.|
4. Learned counsel for the State opposed the prayer and prayed for
dismissal of the appeal.
5. Heard the learned counsel for the parties and perused the record.
6. The evidence adduced on behalf of the prosecution in support of the
allegations with regard to the offence u/s. 324, 323, 324/34 and 323 of the IPC
is found to be clear, cogent and consistent. The same is free from any material
infirmity and anomaly. The testimony of injured Shiv Kumar (PW/1) and wife of
complainant Asha (PW/2) stands duly supported with the MLC reports (Ex.P/9
and P/16). The testimony of Shiv Kumar (PW/1) is further corroborated by the
Dehati Nalishi. Therefore, it cannot be inferred that the learned trial Court has
committed any error in recording conviction for the aforesaid offence.
Therefore, the conviction as recorded by the learned trial Court is affirmed.
7. As regards the sentence, the prayer made on behalf of the appellants
appears to be reasonable. The incident took place near about 15 years back. No
criminal antecedents are attributed to the appellants. Appellants no.2 and 3
Rajkumar and Kirti are real brother and sister-in-law (Bhabhi) of the
complainant, therefore, the period of sentence deserves to be reduced to the
period already undergone. Fine amount imposed for the offence under Section
323 of the IPC is enhanced from Rs.250/- to Rs.1000/- and the fine amount
imposed for the offence under Section 324 and 324/34 of IPC is enhanced from
Rs.250/- to Rs.2500/-. Appellants will have to deposit the remaining enhanced
amount of fine within a period of 60 days from the date of judgment passed by
this Court, before the concerned trial Court failing which the appellants will have
to undergo R.I. for three months.
8. Accordingly, this appeal is partly allowed on the point of sentence as
mentioned hereinabove. The conviction of the appellants is maintained. As
regards the sentence, the same is reduced to the period already undergone with
modification of fine as mentioned hereinabove. The appellants are already on
bail. Their bail bond stands discharged.
9. The record of the learned trial Court along with the copy of the judgment
be sent back forthwith to the concerned trial Court for compliance and
necessary action.
(BINOD KUMAR DWIVEDI)
JUDGE
m/-
