Gutai @ Raghuveer Yadav vs The State Of Madhya Pradesh
2023 Latest Caselaw 22572 MP

Madhya Pradesh High Court

Gutai @ Raghuveer Yadav vs The State Of Madhya Pradesh on 28 December, 2023

                                                            1
                                IN THE HIGH COURT OF MADHYA PRADESH
                                             AT JABALPUR
                                                      BEFORE
                                          HON'BLE SHRI JUSTICE VINAY SARAF
                                             ON THE 28 th OF DECEMBER, 2023
                                            CRIMINAL APPEAL No. 1631 of 2019

                           BETWEEN:-
                           1.    GUTAI @ RAGHUVEER YADAV S/O FULLE YADAV,
                                 AGED    ABOUT     40   YEARS, OCCUPATION:
                                 AGRICULTURIST, R/O VILLAGE JARUA, POLICE
                                 STATION  JATARA, DISTRICT TIKAMGARH
                                 (MADHYA PRADESH)

                           2.    BRIJLAL YAVAD S/O SUKHDAYAL YADAV, AGED
                                 ABOUT         50       YEARS, OCCUPATION:
                                 AGRICULTURIST, R/O VILLAGE JARUA, POLICE
                                 STATION   JATARA, DISTRICT TIKAMGARH
                                 (MADHYA PRADESH)

                                                                                       .....APPELLANTS
                           (BY SHRI MANISH DATT - SENIOR ADVOCATE ASSISTED BY SHRI
                           PRATEEK TIWARI - ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH THROUGH P.S.
                                 AJK, DISTRICT TIKAMGARH (MADHYA PRADESH)

                           2.    RAMESH AHIRWAR, R/O H A L L PURANA BUS
                                 STAND, TIKAMGARH (MADHYA PRADESH)

                                                                                     .....RESPONDENTS
                           (STATE 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 appellants have challenged the judgment of conviction and order of sentence dated 01.02.2019 passed by Special Judge (SC/ST), Tikamgarh, in

S.C.T. No.200010/2014 whereby the appellants have been convicted under Section 324/34 of the Indian Penal Code and sentenced to undergo 1 years' R.I. each and fine of Rs.1,000/- each and in default, to further undergo 1 months' R.I. each.

2. The learned Senior Counsel for the appellants has submitted that the prosecution failed to prove the case beyond reasonable doubt. The appellants were in jail since 06.01.2020 and were granted bail by order dated 19.05.2020. He prayed for acquittal of the appellants.

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 Special Judge has rightly convicted the appellants under Section 324/34 of the Indian Penal Code.

4. After hearing the learned counsels for the parties and after perusal of record, it appears that on 01.12.2013, Ramesh lodged a report at Police Station- AJK, District- Tikamgarh, against the appellants which was registered as Crime No.13/2013 under Sections 323, 324, 294, 506-B, 34 of the Indian Penal Code and Section 3(1)(x) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 [hereinafter referred to as 'the Act, 1989]. After investigation, the charge-sheet was filed. The prosecution has examined 8 witnesses whereas the defence has not examined anyone. The learned Special Judge, by judgment dated 01.02.2019, acquitted the appellants from the charges punishable under Sections 294, 506-B/34 of the Indian Penal Code and Section 3(1)(x) of the Act, 1989, however, convicted them under Section 324/34 of the Indian Penal Code and sentenced as stated hereinabove. The prosecution witness PW/1- Ramesh supported the prosecution case and deposed in respect of the commission of offence by the present appellants. PW/5- Dr. Kamlesh

explained the injuries sustained by Ramesh and PW/8- Mukesh Rai supported the statement of Ramesh. The findings of the learned Special Judge in respect of conviction of the appellants under Section 324/34 of the Indian Penal Code is based on due appreciation of evidence and are hereby upheld.

5. However, looking to the facts that the incident is of the year 2013; the prosecution has not brought any past criminal antecedent of the appellants on record; no minimum sentence is prescribed under Section 324 of the Indian Penal Code; the appellants remained in custody since 06.01.2020 to 19.05.2020, I deem it proper to reduce the jail sentence of the appellants to the extent of the period already undergone by them, accordingly, the jail sentence is reduced. The fine amount is enhanced from Rs.1,000/- each to Rs.5,000/- each. The appellants shall deposit the enhanced fine amount within a period of two months from today. The appellants are on bail, their 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) V. JUDGE Prachi