Chokhelal @ Chukhkhal Choudhary vs The State Of Madhya Pradesh
2023 Latest Caselaw 22439 MP

Madhya Pradesh High Court

Chokhelal @ Chukhkhal Choudhary 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 DEVNARAYAN MISHRA
                                              ON THE 27 th OF DECEMBER, 2023
                                             CRIMINAL APPEAL No. 2322 of 2009

                           BETWEEN:-
                           CHOKHELAL @ CHUKHKHAL CHOUDHARY, S/O TUNDE,
                           AGED ABOUT 22 YEARS, R/O VILLAGE KAMOD,
                           P.S.GOTEGAON, DISTRICT-NARSINGHPUR (MADHYA
                           PRADESH)

                                                                                           .....APPELLANT
                           (SHRI ANKIT CHOPADA - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH
                           P.S.GOTEGAON DISTRICT- NARSINGHPUR (MADHYA
                           PRADESH)

                                                                                         .....RESPONDENT
                           (SHRI NAGENDRA SINGH SOLANKI - PANEL LAWYER)

                                 This appeal coming on for final hearing this day, the court passed the
                           following:
                                                               ORDER

This appeal is filed, being aggrieved of judgment dated 27.11.2009, passed by First Additional Judge to the Court of First Additional Sessions Judge, Narsinghpur in Sessions Trial No.109/2006, whereby, learned trial Court convicted the appellant for commission of offences punishable under Sections 324 of Indian Penal Code and has awarded sentence to undergo rigorous imprisonment for six months with fine of Rs.1,000/- with default stipulation.

2. The case of prosecution in short is that on 20.04.2006 at about 10.30 p.m., complainant Keerat Choudhary was watching TV in the house of Lochan

Choudhary, at that time, the appellant came in drunked position and he started abusing his father. The witness Lochan and his father objected to that, on that, the appellant started scuffling with his father and when find the complainant intervening, the appellant assaulted him by his shoes and by the intervening of other persons, the matter was stopped and at the same time, other co-accused persons Jagdish and Ghanshyam also came and started abusing. Hearing the noise of quarrel, complainant brother Ambika Prasad came there, appellant- Chukkalal assaulted him by axe. Co-accused Ghanshyam assaulted Ambika Prasad with Lathi and after that all accused persons fled away from the spot. FIR was lodged in Police Station Gotegoan it was registered at Crime

No.143/2006 under Sections 294, 323 and 307/34 of the IPC against the appellant and Jagdish and Ghanshayam, challan was filed. After trial, the trial Court have acquitted the appellant and other accused persons for the charges under Sections 294 and 307/34 of the IPC but convicted the appellant under 324 of the IPC and sentenced as stated above.

3. Heard learned counsel for the appellant.

4. Learned counsel for the appellant has argued that no grievous injury was found over the person of the complainant. The appellant is facing legal proceedings since 2006. No previous conviction is proved, the appellant was in custody during the trial, hence the jail sentence be reduced as the period already undergone by him.

5. Learned Panel Lawyer for the State has argued that if the conviction is maintained he has no objection regarding the sentence.

6. Heard learned counsel for the parties and perused the case record.

7. From the case record, it is proved that no previous enmity was between the parties and the incident was not premeditated, all of sudden the

incident had taken place. The appellant is facing legal proceedings from 2006 i.e. more than 17 years.

8. Looking to the facts and circumstances of the case, the conviction of appellant under Section 324 of the IPC is maintained and confirmed, the sentence awarded to the appellant is reduced to the period already undergone (from 24.04.2006 to 14.06.2006 i.e. 51 days) and the fine amount is enhanced from Rs.1,000/- to Rs.5,000/-. The appellant shall deposited remaining fine amount of Rs.4,000/- before the trial Court within a period of three months from the date of receipt of the certified copy of the judgment passed today, in default, the appellant shall undergo Simple Imprisonment for a period of four months.

9. The compensation be disbursed as per the direction of the para No.47 of the judgment of the trial Court.

10. The appellant is on bail, his bail bonds are hereby discharged subject to payment of enhanced fine amount.

11. The order of trial Court for the disposal of case property is affirmed.

12. In above terms, appeal is partly allowed and disposed.

13. Let record of the trial Court be sent back along with a copy of this order for information and necessary action.

(DEVNARAYAN MISHRA) JUDGE vai