Daddu Yadav @ Rajesh vs The State Of Madhya Pradesh
2023 Latest Caselaw 22488 MP

Madhya Pradesh High Court

Daddu Yadav @ Rajesh 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. 2333 of 2013

                           BETWEEN:-
                           DADDU YADAV @ RAJESH S/O SHRI DADNA YADAV,
                           AGED ABOUT 30 YEARS, R/O. VILLAGE-RAMPURA,
                           AHIRAN TOLA, P.S. KOTHI, SATNA, DISTRICT-SATNA
                           (MADHYA PRADESH).

                                                                                          .....APPELLANT
                           (BY SHRI K.K. GAUTAM - ADVOCATE)

                           AND
                           STATE OF MADHYA PRADESH THROUGH P.S. KOTHI,
                           DISTRICT - SATNA (MADHYA PRADESH).

                                                                                       .....RESPONDENTS
                           (BY MS. SHIKHA BAGHEL - 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 appellant has challenged the judgment of conviction and order of sentence passed by 5th Additional Sessions Judge, Satna in S.T. No.205/2012 dated 05.04.2013, whereby the appellant has been convicted under Section 325 of Indian Penal Code and sentenced to undergo 1 year R.I. and fine of Rs.500/- and in default, to further undergo 1 month R.I. 2 . The learned counsel for the appellant has submitted that the prosecution failed to prove the case beyond reasonable doubt. During the trial,

the appellant remained in custody from 03.04.2012 to 04.04.2012 and thereafter

from 26.02.2018 to 06.03.2018. He prayed for acquittal of the appellant.

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 sessions Court has rightly convicted the appellants under Section 325 of Indian Penal Code.

4. After considering the arguments of both the parties and after perusal of record, it appears that on 02.04.2012, an FIR was lodged at Police Station- Kothi, District-Satna registered as Crime No.63/2012 under Section 294, 323 and 506 of IPC against the present appellant by one Ramendra Singh. During investigation section 325 and 329 of IPC were added. As mild compressed

fracture was found in L2 of spine of the complainant Ramendra Singh. After investigation charge-sheet was filed. Prosecution has examined 8 witnesses to prove the case. Defence has not examined any witness in support of his case. The learned Additional Sessions Judge by judgment dated 05.04.2013 acquitted the appellant from the charges punishable under Section 294, 506 Part-2 and 329 of IPC, however convicted under Section 325 of IPC and sentenced as stated herein above. Complainant Ramgyanendra Singh (PW-1) duly proved the incident in the Court and his statement was supported by Ramvishwas (PW-2), Hirendra Singh (PW-3), Dadan Kushwaha (PW-4) and injuries were explained and proved by Dr. M.K. Khare (PW-7) and Dr. A.K. Saraf (PW-5). The judgment of conviction is based on due appreciation of evidence and does not require any interference. The learned Additional Sessions Judge has not committed any error in convicting the appellant under Section 325 of Indian Penal Code.

5. However, looking to the facts that the incident took place in the year

2012, the prosecution has not brought any past criminal antecedents of the appellant on record. There is no minimum sentence has been prescribed under Section 325 of Indian Penal Code, I deem it proper to reduce the jail sentence of the appellant to the extent of the period which he has already undergone and accordingly, the jail sentence is reduced. However, fine is enhanced from Rs.500/- to Rs.5000/-. The appellant shall deposit the enhanced amount within a period of two months from today. The appellant is 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 RC