Madhya Pradesh High Court
Bhupat 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 VINAY SARAF
ON THE 27 th OF DECEMBER, 2023
CRIMINAL APPEAL No. 440 of 2010
BETWEEN:-
1. BHUPAT S/O BHUWANA YADAV, AGED ABOUT 41
YEARS, GRAM DHARAMPURA THANA BAMNORA
DISTT CHHATARPUR (MADHYA PRADESH)
2. IKLU S/O BHUWANA YADAV, AGED ABOUT 41
Y E A R S , DHARAMPURA, P.S.BAMNAURA,
DIST.CHHATARPUR (MADHYA PRADESH)
.....APPELLANTS
(BY SHRI SUKHNANDAND PANDEY - ADVOCATE ON BEHALF OF SHRI
B.J. CHOURASIA - ADVOCATE )
AND
THE STATE OF MADHYA PRADESH ARAKSHI KENDRA
BAMNORA 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:
JUDGMENT
By the present appeal filed under Section 374(2) of the Code of Criminal
Procedure, the appellants have challenged the judgment of conviction dated
11.02.2010 passed by Special Judge SC/ST (Prevention of Atrocities) Act,
Chattarpur in Special Case No.185/08 whereby the appellants have been
convicted under Section 323 of IPC on two counts and sentenced to undergo
R.I. for 6-6 months and fine of Rs. 500-500/- in default, to further undergo 1-1
month R.I.
2. The learned counsel for the appellants have submitted that the
prosecution failed to prove the case beyond reasonable doubt. During the trial,
the appellants remained in custody since 05.10.2008 to 10.10.2008. He prayed
for acquittal of the appellants.
3 . Per contra, the learned counsel appearing for the respondent/State
supported the judgment and submitted that the prosecution has duly proved the
incident and the learned trial Court has rightly convicted the appellants under
Section 323 of Indian Penal Code.
4. After considering the arguments of both the parties and after perusal of
record, it appears that on 30.09.2008, a report was lodged by Durji Bai against
the appellants which was registered as Crime No. 99/08 at Police Station-
Bamnaura District- Chhatarpur, under Sections 323, 294, 506-B of Indian Penal
Code and under Section 3(1)(X) of SC/ST Act. After investigation, the charge-
sheet was filed. Prosecution examined 7 witnesses and however, defence has
not examined anyone. The learned Special Judge considered the evidence by
judgment dated 11.02.2010 acquitted the appellants from the charges punishable
under Section 3(1)(X) of SC/ST (Prevention of Atrocities) Act and from the
charges punishable under Sections 294, 506 Part-II of IPC however, convicted
under Section 323 (two counts) of IPC and sentenced as stated hereinabove.
During trial PW-1 (Durji Bai), PW-2 (Aman Ahirwar), PW-3 (Ajju Ahirwar)
supported the prosecution case and proved the involvement of the present
appellants in causing the injuries to them. PW-4 (G.L. Ahirwar) explained the
injuries sustained by the victims. Learned Special Judge after due appreciation
of evidence, recorded the finding of involvement of the present appellants and
causing the injuries to Aman and Ajju and the judgment of conviction is based
on material available on record and does not require any interference.
5. However, looking to the facts that the incident took place in the year
2008, the prosecution has not brought any past criminal antecedents of the
appellants on record. There is no minimum sentence has been prescribed under
Sections 323 of Indian Penal Code, I deem it proper to reduce the jail sentence
of the appellants to the extent of the period which they have already undergone
and accordingly, the jail sentence is reduced. However, fine is enhanced from
Rs. 500-500 to Rs.1000-1000. The appellants shall deposit the enhanced
amount within a period of two months from today. The appellants are on bail,
his personal bonds and bail bonds be discharged. Accordingly, the appeal is
partly allowed.
6 . Record of the trial Court be sent back along with copy of the
judgment.
(VINAY SARAF)
JUDGE
Shub
