Madhya Pradesh High Court
Lal Mohammad 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. 507 of 2013
BETWEEN:-
LAL MOHAMMAD S/O SAKOOR MOHD., AGED ABOUT
55 YEARS, VILL KHARI P.S. RAMPUR BEGHELAN
(MADHYA PRADESH)
.....APPELLANT
(BY SHRI R.B. GOUTAM - ADVOCATE )
AND
THE STATE OF MADHYA PRADESH THR P.S. RAMPUR
BAGHELAN SATNA (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI VIJAY PANDEY - 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
07.02.2013 passed by Learned Sessions Judge, Satna in S.T No.375/2010
whereby the appellant has been convicted under Section 323 of IPC and
sentenced to undergo R.I. for 3 months and fine of Rs. 500/- in default, to
further undergo 1 month simple imprisonment.
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 since 17.09.2010 to 27.09.2010. 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 trial 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 on 16.09.2010, a report was lodged by Dayaram Singh
Patel against the appellant which was registered as Crime No. 36/10 at Police
Chowki-Mankheri District- Satna, under Sections 294, 307 of Indian Penal
Code and on the basis of report Crime No.514/10 was registered at P.S.
Rampur Baghela District-Satna and after investigation, the charge-sheet was
filed. Prosecution has examined 11 witnesses and however, defence has
examined DW-1 (Dilip Verma). The learned Session Judge after considering
the evidence recorded in the case acquitted the appellant from the charges
punishable under Section 307 and 294 of IPC however, found guilty under
Section 323 of IPC and sentenced as stated hereinabove. During trial PW-4
(Dayaram Singh), PW-5 (Jai Singh) duly proved the incident against the present
appellant and by the evidence of the prosecution witnesses, it is proved that the
appellant has caused injury to the complainant. PW-1 (Dr. Dhrirendra Singh)
explained the injury and according to him the injury was simple in nature and
caused by hard and blunt object. The findings recorded by the Session Judge in
the judgment are based on due appreciation of evidence and do not require any
interference by this Court. The conviction under Section 323 of IPC is upheld.
5. However, looking to the facts that the incident took place in the year
2010, 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 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.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
