Bhure @ Tirath Yadav vs The State Of Madhya Pradesh
2023 Latest Caselaw 22523 MP

Madhya Pradesh High Court

Bhure @ Tirath Yadav 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. 592 of 2008

                           BETWEEN:-
                           BHURE @ TIRATH YADAV S/O PEHALWAN YADAV,
                           AGED ABOUT 23 YEARS, R/O VILLAGE KHAJURI, P.S.
                           KOTWALI PANNA, DISTRICT PANNA (MADHYA
                           PRADESH)

                                                                                           .....APPELLANT
                           (BY SHRI MUKESH PANDEY - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH P.S.
                           KOTWALI PANNA, DISTRICT PANNA (MADHYA
                           PRADESH)

                                                                                         .....RESPONDENT
                           (BY SHRI VIJAY PANDEY - PANEL LAWYER)

                                 Th is appeal coming on for hearing this day, t h e court passed the
                           following:
                                                           JUDGEMENT

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 Special Judge (Atrocities) Panna in Special Case No.53/2007 on 27.2.2008 whereby the appellant has been convicted under Section 323 of IPC and sentenced to undergo 6 months R.I. with fine of Rs.1000/- 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

remained in custody from 17.5.2007 to 21.5.2007. 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 on 8.5.2007, complainant-Ramesh Gond lodged the report against the appellant at Police Station Kotwali District Panna registered as Crime No.124/2007 for the offence punishable under Sections 294, 323, 506-B,

341 of IPC and Section 3(1)(x) of SC/ST Act. After investigation, charge-sheet was filed. The prosecution has examined as many as 10 witnesses in support of their case whereas appellant has not examined any witness in defence. The learned Special Judge acquitted the appellants from the charges punishable under Section 294, 341, 506-B of IPC and Section 3(1)(x) of SC/ST Act and convicted the appellant under Section 323 of IPC and sentenced as stated herein above. The findings recorded by the learned Special Judge is duly based on due appreciation of evidence and the judgment of conviction does 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 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 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. 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 irf.