Madhya Pradesh High Court
Vinaklal 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. 2664 of 2012
BETWEEN:-
VINAKLAL S/O SHRI RAGHUNANDAN, AGED ABOUT 34
YEARS, R/O VILLAGE RIDHORA, P.S. UMRETH,
DISTRICT CHHINDWARA (MADHYA PRADESH)
.....APPELLANT
(BY SHRI ASHOK CHAKRAVARTY - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH P.S.
UMRETH, DISTRICT CHHINDWARA (MADHYA
PRADESH)
.....RESPONDENT
(BY SHRI AJAY TAMRAKAR - 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 dated 30.10.2012 passed by the First Additional Sessions Judge,
Chhindwara, in S.T. No.21/10 whereby the appellant has been convicted under
Section 325 of the Indian Penal Code and sentenced to undergo 4 months' R.I.
with fine of Rs.1,000/- and in default, to further undergo 1 months' S.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 on 05.08.2010 i.e. for one day. 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 Judge has rightly convicted the appellant
under Section 325 of the Indian Penal Code.
4. After hearing the learned counsels for the parties and after perusal of
record, it appears that on 21.10.2008, Crime No.141/2008 was registered at
Police Station- Umreth, District- Chhindwara, under Section 325/34 of the
Indian Penal Code against the appellant and other two persons. According to
the FIR, the appellant and other accused persons caused injuries to the victim
Ramprakash. After investigation, the charge-sheet was filed. The prosecution
has examined 9 witnesses in support of the case, however, the defence has not
examined anyone. The learned Additional Sessions Judge, by the judgment
dated 30.10.2012, acquitted the other co-accused persons and convicted the
present appellant for causing grievous hurt to Sagar @ Ramprakash and
convicted him under Section 325 of the Indian Penal Code and sentenced as
stated hereinabove. The incident was duly proved by PW/4- Kamla Sahu,
PW/6- Naresh Pawar and PW/7- Ramprakash @ Sagar Sahu. PW/1- Dr. P.K.
Soni explained the injuries. The victim sustained fracture in the 5th metacarpal
bone of the right hand. In view of the above, it appears that the judgment
passed by the learned Additional Sessions Judge is based on due appreciation
of evidence and does not require any interference by this Court. The judgment
of conviction is upheld.
5. However, looking to the facts that the incident is of the year 2008; the
prosecution has not brought any past criminal antecedent of the appellant on
record; no minimum sentence is prescribed under Section 325 of the Indian
Penal Code; the appellant remained in custody for one day, I deem it proper to
reduce the jail sentence to the period already undergone by the appellant,
accordingly, the jail sentence is reduced. The fine amount is enhanced from
Rs.1,000/- to Rs.5,000/-. The appellant shall deposit the enhanced fine amount
within a period of two months from today. The appellant is on bail, his personal
bond and bail bond 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
Prachi
