Madhya Pradesh High Court
Munnalal Pal 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. 638 of 2010
BETWEEN:-
MUNNALAL PAL S/O PUNNA PAL, AGED ABOUT 40
YEAR S , GRAM MANWARA P.S. GOURIHAR DISTT
CHHATARPUR (MADHYA PRADESH)
.....APPELLANT
(BY SHRI SUKHNANDAN PANDEY - ADVOCATE ON BEHALF OF SHRI B.J.
CHOURASIA - ADVOCATE )
AND
THE STATE OF MADHYA PRADESH P.S. GORIHAR DISTT
CHHATARPUR (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI 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 dated
05.04.2010 passed by Special Judge SC/ST (Prevention of Atrocities) Act,
Chattarpur in Special Case No.132/08 whereby the appellant has been convicted
under Section 325 of IPC on two counts sentenced for 9-9 months and fine of
Rs. 2000-2000 and under Section 323 of IPC and sentenced to undergo six
months R.I. and fine of Rs.500/- in default, to further undergo 3 months' 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 appellants remained in custody since 14.07.2008 to 16.07.2008. 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
Sections 325 & 323 of Indian Penal Code.
4. After considering the arguments of both the parties and after perusal of
record, it appears that on 17.06.2008, a report was lodged by Jag Prasad
against the appellant and five others, which was registered as Crime No. 88/08
at Police Station- Gorihar, District- Chhatarpur, under Sections 323, 294, 506-
B/34 of Indian Penal Code and under Section 3(1)(X) of SC/ST Act. During
investigation, Section 325 was enhanced as the victim Jag Prasad and Smt.
Gulab Rani suffered fractures. Jag Prasad suffered fracture in right forearm in
ulna bone whereas, Gulab Rani suffered fracture in left radius bone.
Prosecution examined 10 witnesses and however, defence has not examined
anyone. The learned Special Judge considered the evidence by judgment dated
05.04.2010 acquitted all other accused persons except the appellant and
convicted the appellant under Section 325 (two counts) and under Section 323
of IPC and sentenced as stated hereinabove. Appellant was also acquitted
under Section 3(1)(X) of SC/ST (Prevention of Atrocities) Act. PW-1 (Jag
Prasad), PW-2 (Gulab Rani), PW-3 (Shyam Lal) and PW-4 (Uttam lal) duly
proved the offence against the appellant and PW-6 (Dr. N.K. Prajapati), PW-8
(Technician Vinod Kumar Shrivastava) were explained the injuries and fracture
sustained by Jag Prasad and Gulab Rani. It appears that findings of the learned
trial Court is based on due appreciation of evidence and does not require any
interference. The conviction of the appellant under Sections 325 and 323 of IPC
is upheld.
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
appellant on record. There is no minimum sentence has been prescribed under
Sections 323 and 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. 2000-2000-500/- to Rs. 4500-4500-1000/- 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
Shub
