Madhya Pradesh High Court
Halke Alias Chhote Bhaiya vs The State Of Madhya Pradesh on 28 December, 2023
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IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE BINOD KUMAR DWIVEDI
ON THE 28 th OF DECEMBER, 2023
CRIMINAL APPEAL No. 1645 of 2012
BETWEEN:-
1. HALKE ALIAS CHHOTE BHAIYA S/O BAHADUR
SINGH GURJAR, AGED ABOUT 22 YEARS, R/O
VILL. RAIKHDI, P.S.PIPARIYA, DISTT.
HOSHANGABAD (MADHYA PRADESH)
2. BAHADUR GURJAR S/O SHYAMLAL, AGED ABOUT
64 YEARS, VILL. R/O RAIKHEDI, P.S. PIPARIYA,
DISTT. HOSHANGABAD (MADHYA PRADESH)
3. GANPAT SINGH PATEL S/O BAHADUR SINGH
GURJAR, AGED ABOUT 26 YEARS, R/O VILL.
RAIKHEDI, P.S.PIPARIYA, DISTT. HOSHANGABAD
(MADHYA PRADESH)
4. KAILASH PATEL S/O GANGARAM GURJAR, AGED
ABOUT 36 YEARS, R/O VILL. RAIKHEDI, P.S.
PIPARIYA, DISTT. HOSHANGABAD (MADHYA
PRADESH)
5. MEHARBAN SINGH S/O GANGARAM GURJAR,
AGED ABOUT 33 YEARS, R/O VILL. RAIKHEDI,
P.S.PIPARIYA, DISTT. HOSHANGABAD (MADHYA
PRADESH)
6. PANCHAM SINGH PATEL S/O GIRDHARILAL
GURJAR, AGED ABOUT 34 YEARS, R/O VILL.
RAIKHEDI, P.S. PIPARIYA, DISTT. HOSHANGABAD
(MADHYA PRADESH)
7. JASMAN SINGH S/O JAWAHAR SINGH GURJAR,
AGED ABOUT 26 YEARS, R/O VILL. RAIKHEDI, P.S.
PIPARIYA, DISTT. HOSHANGABAD (MADHYA
PRADESH)
8. LAKHANLAL S/O SURAJ SINGH GURJAR, AGED
ABOUT 33 YEARS, R/O VILL. RAIKHEDI, P.S.
PIPARIYA, DISTT. HOSHANGABAD (MADHYA
PRADESH)
Signature Not Verified
Signed by: SANTOSH
KUMAR TIWARI
Signing time: 12/28/2023
6:36:54 PM
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.....APPELLANTS
(BY SHRI D.K. SHARMA - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH TH: P.S. AJAK
HOSHANGABAD DISTT. HOSHANGABAD (MADHYA
PRADESH)
.....RESPONDENT
(BY SHRI B.K. UPADHYAY - DEPUTY GOVERNMENT ADVOCATE )
CRIMINAL APPEAL No. 2253 of 2012
BETWEEN:-
THE STATE OF MADHYA PRADESH TH: P.S. AJK
HOSHANGABAD DISTT. HOSHANGABAD (MADHYA
PRADESH)
.....APPELLANT
(BY SHRI B.K. UPADHYAY - DEPUTY GOVERNMENT ADVOCATE )
AND
1. HALKE @ CHHOTE BHAIYA S/O BAHADUR SINGH
GURJAR, AGED ABOUT 22 YEARS, R/O RAIKHEDI,
P.S. PIPARIA, DISTT. HOSHANGABAD (MADHYA
PRADESH)
2. BAHADUR GURJAR S/O SHYAMLAL , AGED
ABOUT 64 YEARS, R/O RAIKHEDI, P.S. PIPARIA,
DISTT.HOSHANGABAD (MADHYA PRADESH)
3. GANPAT SINGH PATEL S/O BAHADUR SINGH
GURJAR, AGED ABOUT 26 YEARS, R/O RAIKHEDI,
P.S. PIPARIA, DISTT. HOSHANGABAD (MADHYA
PRADESH)
4. KAILASH PATEL S/O GANGARAM GURJAR, AGED
ABOUT 36 YEARS, R/O RAIKHEDI, P.S. PIPARIA,
DISTT. HOSHANGABAD (MADHYA PRADESH)
5. MEHARBAN SINGH S/O GANGARAM GURJAR,
AGED ABOUT 33 YEARS, R/O RAIKHEDI, P.S.
PIPARIA, DISTT. HOSHANGABAD (MADHYA
PRADESH)
6. PANCHAM SINGH PATEL S/O GIRDHARILAL
Signature Not Verified
Signed by: SANTOSH
KUMAR TIWARI
Signing time: 12/28/2023
6:36:54 PM
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GURJAR, AGED ABOUT 34 YEARS, R/O RAIKHEDI,
P.S.PIPARIA, DISTT. HOSHANGABAD (MADHYA
PRADESH)
7. JASMAN SINGH S/O JAWAHAR SINGH GURJAR,
AGED ABOUT 26 YEARS, R/O RAIKHEDI, P.S.
PIPARIA, DISTT. HOSHANGABAD (MADHYA
PRADESH)
8. LAKHANLAL S/O SOORAJ SINGH GURJAR, AGED
ABOUT 33 YEARS, R/O RAIKHEDI, P.S. PIPARIA,
DISTT. HOSHANGABAD (MADHYA PRADESH)
.....RESPONDENTS
(BY NONE )
These appeal coming on for hearing this day, th e court passed the
following:
JUDGMENT
As both appeals are arising out of same judgment, therefore, this
judgment will govern the disposal of both appeals i.e. Cr.A. No. 1645/2012 filed
by the appellants/accused under Section 374(2) of Cr.P.C. for acquittal as well
as Cr.A. No. 2253/2012 filed by appellant/ State under Section 377 of Cr.P.C.
for enhancement of sentence to respondents awarded by trial Court
respectively.
1.1 Criminal Appeal No. 1645/2012 filed by appellants/accused under
Section 374(2) of the Code of Criminal Procedure Code, 1973 (for short
'Code') assails the impugned judgment and order dated 20/07/2012 passed by
Special Judge (SC/ST(Prevention of Atrocities Act), Hoshangbad in Special
Case No. 101/2008, whereby appellants have been convicted for commission of
offence punishable under Sections 148 and 323/149 of IPC and sentenced with
fine of Rs.500/- for each offence and convicted for commission of offence
punishable under Section 325/149 of IPC and sentenced to undergo RI for 3
months for offence with fine amount of Rs.500/- with default stipulations.
1.2 Criminal Appeal No. 2253/2012 filed by appellant / State under
Section 377 of the Code of Criminal Procedure Code, 1973 (for short 'Code')
assails the impugned judgment and order dated 20/07/2012 passed by Special
Judge (SC/ST(Prevention of Atrocities Act), Hoshangbad in Special Case No.
101/2008, whereby respondents have been convicted and sentenced as
mentioned here-in-above in para 1.1.
2. The incident relating to house trespass, hurling filthy abuses at public
place and causing simple and grievous injuries was reported to the police
Station Pipariya, District Hoshangaba as Dehati Nalsi (Ex. P/1) by complainant
Ganesh Prasad Mishra (PW 1), which was registered at Crime No. 121/2007 at
Police Station Ajak, Pipariya against the appellants for commission of offence
punishable under Sections 147, 148, 149, 452, 324, 323 and 294 of IPC and
under Section 3(1)(10) of SC/ST (Prevention of Atrocities Act). Investigation
was set in motion and on completion of investigation, charge-sheet was before
the court of competent jurisdiction.
3 . Learned trial Court after affording opportunity of hearing to the
concerned parties and due appreciation of evidence brought on record, vide
impugned judgment convicted and sentenced the appellants as mentioned here-
in-above, which has been challenged by way of this appeal.
4. Learned counsel for appellants challenging the findings of conviction
and sentence recorded by the trial Court by contending that the trial Court has
committed error in ignoring the material contradictions, omissions and
anomalies present in the testimony of prosecution witnesses. The trial Court
has also committed serious error of law and fact in holding the appellants guilty
for aforesaid offence. Therefore, the appellants deserves to be acquitted from
the aforesaid offence and in alternative limb of prayer, he submits that incident
occurred in the year 2007 about 16 years back, no criminal antecedents have
been attributed to the appellants. Appellant Nos. 1 to 7 remain in custody from
19/04/2007 to 26/04/2007 (about 7 days) and appellant No.8 remain in judicial
custody from 09/05/2007 to 17/05/2007 (about 8 days) during trial, therefore,
sentence awarded to the appellants may be reduced to the period already
undergone by them and fine amount may be enhanced suitably.
5 . Learned Deputy Government Advocate for appellant/State in Cr.A.
No. 2253/2012 submits that the trial Court has already taken a lenient view in
imposing less sentence to the respondents looking to the facts and
circumstances of the case. Looking to the facts and circumstances where the
appellants by constituting unlawful assembly and in furtherance of the common
object assaulted the four injured persons, due to which they sustained grievous
injuries, therefore, the appeal filed by appellants i.e. Cr.A. No. 1645/2012
deserves to be dismissed and appeal i.e. Cr.A. No. 2253/2012 may be allowed
by suitable enhancing the jail sentence of respondents.
6. In response to contentions raised by learned Deputy Government
Advocate, learned counsel for appellants/accused submits that no ground is
available on record for enhancement of sentence imposed against the appellants
by the learned trial Court. So far as the submissions regarding appellants'
appeal, he has already made his submissions as mentioned herein above.
7. Heard the learned counsel for the parties and perused the record.
8. The evidence adduced in support of the allegations with regard to the
offence under Sections 148, 323/149 and 325/149 of IPC is found to be clear,
cogent and consistent. The same is free from any material infirmity and
anomaly. The testimony of the Injured persons - Ganesh Prasad (PW 1),
Balaram (PW 2), Deepak Ahirwar (PW 3) and Leela Bai (PW 4) stand duly
supported with various MLC reports (Ex. P/18 to P/22), which is also
corroborated with the testimony of Dr. A.K. Agrawal (PW 9) and X-ray report
(Ex. P/23), which is duly supported with the testimony of Dr. N. Hasan (PW
10) according to which a fracture was detected in the left index finger of the left
hand of Balaram (PW 2). In the presence of above evidence, it cannot be said
that the learned trial Court has committed any error in recording conviction of
the appellants for the offence under Sections 148, 323/149 and 325/149 of
I.P.C, hence, conviction of appellants for commission of offence punishable
under Sections 148, 323/149 and 325/149 of IPC is hereby affirmed.
9. As regards, sentence prayer made on behalf of the appellants appears
to be reasonable. Incident took place on 17/04/2007, more than 16 years back,
it is not premeditated and occurred at sudden impulse. No criminal antecedents
are attributed to the appellants. The factum o f custody has also not been
disputed. Thus, looking to the facts that the appellants are facing trial and
present appeal for more than 16 years, the period of sentence deserves to be
reduced to the period already undergone.
10. Accordingly, Cr.A. No. 1645/2012 filed by appellants is partly
allowed maintaining the conviction and sentence of appellants for offence
under Sections 148 and 323/149 of IPC and reducing their jail sentence to the
period already undergone by them and fine amount is enhanced from Rs.500/-
to Rs.5,000/-for commission of offence punishable under Section 325/149 of
IPC for each appellant, which will be paid to the injured Balaram S/o Mulla
Ahirwar, R/o Raikhedi Road Pipariya, District Hoshangabad as compensation.
The appellants are directed to pay the remaining fine amount within a period of
two months from the date of passing of this judgment, failing which they will
have to further undergo rigorous imprisonment for six months respectively.
11. In consequence thereof Cr.A. No. 2253/2012 filed by
appellant/State under Section 377 of Cr.P.C. is hereby dismissed.
12. The appellants are on bail, therefore, their bail bonds and personal
bonds stand discharged.
13. Record of the trial Court along with copy of this judgment be sent
forthwith to the concerned Court for information and necessary action.
Certified copy as per rules.
(BINOD KUMAR DWIVEDI)
V. JUDGE
skt
