Madhya Pradesh High Court
Sheshram Wachkar 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. 1308 of 2013
BETWEEN:-
SHESHRAM WACHKAR S/O SAKHARAM WACHKAR,
AGED ABOUT 35 YEARS, R/O. NEAR RAILWAY GATE
CHILGHAR PARASIA,P.S. PARASIYA, DISTRICT-
CHHINDWARA (MADHYA PRADESH)
.....APPELLANT
(BY SHRI P.C. PALIWAL - ADVOCATE )
AND
THE STATE OF MADHYA PRADESH THROUGH P.S.
PARASIA, DISTRICT - CHHINDWARA (MADHYA
PRADESH).
.....RESPONDENTS
(BY MS. SHIKHA BAGHEL - PANEL LAWYER)
This appeal coming on for final hearing this day, the 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 Third Additional Session Judge, Chhindwara in S.T.
No.72/2010 on 14.05.2013, whereby the appellant has been convicted under
Section 323 of Indian Penal Code and sentenced to undergo 6 months R.I. and
fine of Rs.500/- and in default, to further undergo one 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 has not remained in custody. 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 appellant under
Section 323 of Indian Penal Code.
4. After considering the arguments of both the parties and after perusal of
record, it appears that Kesharbai lodged report on 10.07.2007 against the
appellant and other 2 persons, which was registered as Crime No.297/2007 at
Police Station- Parasiya, District- Chhindwara under Sections 294, 324/34 of
Indian Penal Code. After investigation the charge-sheet was filed. As counter
case was triable by the Sessions Court, therefore, the present case was also
committed to the Sessions Court for trial along with the counter case.
Prosecution examined 8 witnesses in support of their case and 2 witnesses were
examined in defence. The learned trial Court by judgment dated 14.05.2013
acquitted all the accused persons from charges punishable under Section 294 of
IPC, however, convicted the appellant for causing the injury to victim Kesharbai
under Section 323 of IPC and sentenced as stated herein above. It appears that
the learned Additional Sessions Judge, Chhindwara passed the judgment after
due appreciation of evidence. Kesharbai (PW-1) duly proved the offence
against the appellant and her statement was supported by Arvind Daheriya
(PW-2) as well as Golu @ Amar (PW-3) and Mehtab Singh (PW-4). The
injuries were explained by Dr.N.S.K. Beliya (PW-8) Dr. Bharat Prasad (PW-7).
However, they accepted that injuries were simple in nature and caused by hard
and blunt objection. So far as the judgment of conviction for offence under
Section 323 of IPC is concerned, the same is upheld.
5. However, looking to the facts that the incident took place in the year
2007, the prosecution has not brought any past criminal antecedents of the
appellant on record. There is no minimum sentence has been prescribed under
Section 323 of Indian Penal Code, I deem it proper to punish the appellant by
enhancing the fine amount from Rs.500/- to Rs.1000/- and the jail sentence is
dropped. 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
