Madhya Pradesh High Court
Hakka @ Halka Dhobi 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. 497 of 2008
BETWEEN:-
1. HAKKA @ HALKA DHOBI S/O BHAIYAN DHOBI,
AGED ABOUT 41 YEARS, R/O VILLAGE HINOTA,
P.S. PAWAI, DISTRICT PANNA (MADHYA
PRADESH)
2. OMKAR S/O KUNJILAL DHOBI, AGED ABOUT 25
YE A R S , OCCUPATION: AGRICULTURIST, R/O
VILLAGE HINOTA, P.S. PAWAI, DISTRICT PANNA
(MADHYA PRADESH)
.....APPELLANTS
(BY SHRI MUKESH PANDEY - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH P.S. ADIM
JATI KALYAN, 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:
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 19.02.2008 passed by Special Judge (SC/ST), Panna, in
Special Case No.32/2006 whereby the appellants have been convicted under
Section 323 of the Indian Penal Code and sentenced to undergo 3 months' R.I.
each and fine of Rs.1,000/- each and in default, to further undergo 1 months'
R.I. each.
2. The learned counsel for the appellants has submitted that the
prosecution failed to prove the case beyond reasonable doubt. During trial, the
appellants were in custody from 21.08.2006 to 22.08.2006. 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 323 of the Indian Penal Code.
4. After hearing the learned counsels for the parties and after perusal of
record, it appears that on 14.08.2006, Parmu S/o Tijiya lodged a report against
the present appellants and Guttu at Police Station- Pawai, District- Panna, which
was registered as Crime No.88/2006 under Sections 323, 294, 506 (Part-II)/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 against the
appellants. The prosecution has examined 6 witnesses, whereas the defence has
not examined anyone. The learned Special Judge by judgment dated
19.02.2008, acquitted the appellants from the charges punishable under
Sections 294, 506 (Part-II) of the Indian Penal Code and Section 3(1)(x) of the
Act, 1989, however, convicted them under Section 323 of the Indian Penal
Code and sentenced as stated hereinabove. PW/1- Parmu, PW/2- Hisabi duly
proved the incident and involvement of the appellants in the commission of
crime. PW/6- Dr. Neeraj Jain explained the injuries sustained by Parmu,
although accepted that the injuries were simple in nature. The findings recorded
by the learned Special Judge in respect of conviction of the appellants under
Section 323 of the Indian Penal Code are based on due appreciation of
evidence and do not require any interference by this Court. The judgment of
conviction is hereby upheld.
5. However, looking to the facts that the incident is of the year 2006; the
prosecution has not brought any past criminal antecedent of the appellants on
record; no minimum sentence is prescribed under Section 323 of the Indian
Penal Code; the appellants remained in custody from 21.08.2006 to 22.08.2006,
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 of Rs.1,000/- is maintained. 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
