Madhya Pradesh High Court
Motu @ Amuial Hasan 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. 2302 of 2013
BETWEEN:-
1. MOTU @ AMUIAL HASAN S/O RAFIQUE
MUSALMAN, AGED ABOUT 48 YEARS, BUS STAND
HARDA, P.S. HARADA (MADHYA PRADESH)
2. RASHID S/O RAFIQUE MUSALMAN , AGED ABOUT
28 YEARS, BUS STAND HARDA, PS. HARDA, DISTT.
HARDA,(MADHYA PRADESH)
3. NYAZU MUSALMAN S/O RAFIQUE MUSALMAN ,
AGED ABOUT 41 YEARS, BUS STAND HARDA, PS.
HARDA, DISTT. HARDA, (MADHYA PRADESH)
4. IQBAL S/O MOTU @ AMUAL HASAN, AGED ABOUT
21 YEARS, BUS STAND HARDA, PS. HARDA, DISTT.
HARDA,(MADHYA PRADESH)
.....APPELLANTS
(BY SHRI KAMAL SINGH RAJPUT - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH TH:P.S. AJK DISTT.
HARDA (MADHYA PRADESH)
.....RESPONDENT
(BY SHRI PANKAJ RAJ - PANEL LAWYER)
This appeal coming on for final hearing this day, the court passed the
following:
ORDER
This appeal has been filed, being aggrieved of judgment and sentence
dated 06.09.2013, passed by Special Judge, SC/ST (Prevention of Atrocities)
Act, Harda in Special Sessions Case No.42/2012, whereby, learned trial Court
convicted the appellants for commission of offence punishable under Sections
451, 323 r/w 34 and has awarded sentence to undergo rigorous imprisonment
for three months and one month with fine of Rs.1,000/-, with default stipulation.
2. The case of prosecution in short is that the complainant Manoj and his
wife Shama Bai has lodged a report that on 15.06.2012 in the evening at 6 pm
the appellants were using filthy words against the complainant and her wife. The
appellants threatened complainant Manoj and started beating him with hands
and fists. When Shama Bai came to rescue him, the appellants also assaulted
Shama Bai. A report was lodged in police station A.J.K., District Harda and
crime No.360/2012 was registered under Sections 323, 294, 452, 506 r/w 34 of
IPC and Section 3(1)(X) of SC/ST (Prevention of Atrocities) Act. After
completion of investigation, charge-sheet has been filed before the Special
Judge, Harda.
3. The trial Court framed the charges under Sections 452, 323, 506 of
IPC and Section 3(1)(X) of the SC/ST (Prevention of Atrocities) Act.
4. After recording the evidence of the prosecution examination of the
accused and giving opportunity to defend and hearing the parties, the impugned
judgment has been passed and the appellants have been acquitted from the rest
of the charges, but convicted for the offence under Sections 451 and 323 of
IPC.
5. Learned counsel for the appellants has argued that he is not pressing
the conviction. He has submitted that the jail sentence be reduced to the period
already undergone and if the Court deems it proper the fine amount may be
enhanced. Hence, the conviction be maintained and the sentence be reduced to
the period already undergone by the appellants.
6. On the other hand, learned Panel Lawyer for the State has submitted
that he has no objection if the conviction is maintained and fine amount is
enhanced.
7. Heard learned counsel for the parties and perused the record.
8. I have gone through the record of the trial Court. The conclusion
drawn by the trial Court is appropriate as per the record and the appellants have
not challenged. Hence, conviction of the appellants under Sections 451, 323, 34
is affirmed.
9. Looking to the injuries sustained by the complainant and his wife and
the period i.e. of 10 years, the appellants are facing legal proceedings, the
conviction of the appellant under Sections 451, 323, 34 is affirmed, however,
the sentence is reduced to the period already undergone by the appellants,
subject to the condition that fine amount of Rs.1,000/- (Rupees One
Thousand), is enhanced to Rs.5,000/- (Rupees Five Thousand) for commission
of offence under Section 451 of the IPC, the fine amount of Rs.1,000/- (Rupees
One Thousand) for commission of offence under Section 323/34 of the IPC
which shall be deposited by each of the appellants adjusting the previously
deposited amount before the trial Court within a period of three months from
the date of receipt of the certified copy of the order passed today, in default,
the defaulting appellant shall undergo Simple Imprisonment for a period of three
months and two months respectively.
10. In above terms, appeal is disposed of.
11. Let record of the trial Court be sent back along with a copy of this
order for information and necessary action.
(DEVNARAYAN MISHRA)
JUDGE
pnm
