Purkhan @ Furkhan vs The State Of Madhya Pradesh
2023 Latest Caselaw 22473 MP

Madhya Pradesh High Court

Purkhan @ Furkhan vs The State Of Madhya Pradesh on 27 December, 2023

Author: Achal Kumar Paliwal

Bench: Achal Kumar Paliwal

                                                                          1
                            IN       THE           HIGH COURT OF MADHYA PRADESH
                                                         AT INDORE
                                                       BEFORE
                                      HON'BLE SHRI JUSTICE ACHAL KUMAR PALIWAL
                                                    ON THE 27 th OF DECEMBER, 2023
                                                   CRIMINAL APPEAL No. 1113 of 2013

                           BETWEEN:-
                           PURKHAN @ FURKHAN S/O AHMAD NOOR, AGED
                           ABOUT 28 YEARS,     OCCUPATION: TEA SHOP
                           NAHARGARH P.S. NAHARGARH DISTRICT MANDSAUR
                           (MADHYA PRADESH)

                                                                                                                  .....APPELLANT
                           (SHRI A.K. SARASWAT, LEARNED COUNSEL FOR THE APPELLANT)

                           AND
                           THE STATE OF MADHYA PRADESH THRU. P.S. AJK,
                           MANDSAUR    DISTRICT  MANDSAUR    (MADHYA
                           PRADESH)

                                                                                                              .....RESPONDENTS
                           (SHRI VIRAJ GODHA. LEARNED P.L. FOR THE RESPONDENT/STATE)
                           --------------------------------------------------------------------------------------------------
                                   This appeal coming on for hearing this day, the court passed the
                           following:
                                                                            ORDER

This criminal appeal under Section 374 of Cr.P.C. has been filed by the appellant being aggrieved by the judgment dated 05.08.2013, passed by Special Judge (SC/ST Prevention of Atrocities Act) Mandsaur in Special S.T.No.66/2010, whereby the appellant has been convicted for offence under Section 323 and 342 of IPC and sentenced to undergo 3-3 months R.I. with fine of Rs.500-500/- with default stipulation.

2. Learned counsel for the appellant at the outset submits that he is not challenging this appeal on merit and confines his argument on the point of

sentence only. He further submits that incident relates to the year 2010 and there are no criminal antecedents against the appellant. Hence, in view of facts of the case, sentence of imprisonment imposed by the trial Court be set aside by enhancing the fine amount.

3. Learned counsel for the respondent/State submits that trial Court has rightly convicted the appellant and sentence imposed by the trial Court is proper. Hence, no interference is called for in the findings recorded by the trial Court.

4. I have heard the learned counsel for the parties and perused the record of the case.

5. I have gone through the evidence adduced by the prosecution. Perusal of testimonies of Kanwarlal (PW-1), Geetabai (PW-2), Jagdish (PW-3), Ramchandra (PW-4), Ramesh (PW-5), Dr.B.S.Bhati (PW-6) and FIR Ex.P-1, MLC Ex.P-2 reveal that learned trial Court has rightly convicted the appellant under Section 323 and 342 of IPC. There is nothing on record to show that appellant has been falsely implicated in the case. Hence, in view of overall evidence on record, it cannot be said that learned trial Court has wrongly convicted the appellant under Section 323 and 342 of IPC.

6. So far as sentence is concerned, perusal of the impugned judgment reveal that learned trial Court has acquitted the appellants with respect to offence under Sections 294, 506-II of IPC and Section 3(1)(10) SC/ST Act and has convicted the appellant under Section 323 and 342 of IPC. There are no criminal antecedents against the appellant.

7. In view of overall facts and circumstances of the case, the appeal is partly allowed. Sentence of imprisonment imposed by the trial Court is set aside

and appellant is sentenced as under:-

Imprisonment Sections & Imprisonment Fine in lieu of fine Act amount

323 IPC NIL Rs.1,000/- 1 month R.I.

324 IPC NIL Rs.1,000/- 1 month R.I.

8. If the fine amount is not paid within three months, then appellant shall surrender before the trial Court to undergo the remaining part of the sentence of imprisonment imposed by the trial Court.

9. Fine amount, if any, already deposited shall be adjusted against the enhanced amount.

10. Appeal stands partly allowed to the extent as indicated above.

(ACHAL KUMAR PALIWAL) JUDGE RJ