Madhya Pradesh High Court
Anndkishore vs The State Of Madhya Pradesh on 28 December, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE GAJENDRA SINGH
ON THE 28 th OF DECEMBER, 2023
CRIMINAL APPEAL No. 2592 of 2019
BETWEEN:-
1. ANNDKISHORE S/O DEVIRAM GHOSHI, AGED 39
Y E A R S , OCCUPATION: AGRICULTURIST R/O
BHAGIRATHCOLONY, BIAORA (MADHYA
PRADESH)
2. ANIL S/O SUNDARLAL GHOSHI, AGED 20 YEARS,
OCCUPATION: AGRICULTURIST R/O BHAGIRATH
COLONY, BIAORA, P.S. BIAORA, (MADHYA
PRADESH)
3. PR AKASH @ PINKU S/O SUNDARLAL GHOSHI,
AGED 22 YEARS, OCCUPATION: AGRICULTURIST
R/O BHAGIRATH COLONY, BIAORA, P.S. BIAORA,
(MADHYA PRADESH)
4. SUNDARLAL S/O DEVIRAM GHOSHI, AGED 51
Y E A R S , OCCUPATION: AGRICULTURIST R/O
BHAGIRATH COLONY, BIAORA, P.S. BIAORA,
(MADHYA PRADESH)
5. DURGAPRASAD S/O DEVIRAM GHOSHI, AGED 42
Y E A R S , OCCUPATION: AGRICULTURIST R/O
BHAGIRATH COLONY, BIAORA, P.S. BIAORA,
(MADHYA PRADESH)
.....APPELLANTS
(SHRI ANURAG VYAS - ADVOCATE THROUGH LEGAL AID)
AND
THE STATE OF MADHYA PRADESH THROUGH P.S.
BIAORA (MADHYA PRADESH)
.....RESPONDENT/STATE
(BY SHRI ANENDRA SINGH PARIHAR - PANEL LAWYER)
This appeal coming on for admission this day, th e court passed the
Signature Not Verified
Signed by: VARSHA SINGH
Signing time: 30/12/2023
8:45:39 PM
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following:
JUDGEMENT
This criminal appeal under Section 374(2) of Cr.P.C. has been filed
feeling aggrieved by the judgment of Special Judge under SC and ST
(Prevention of Atrocities) Act, 1989, Rajgarh in Special Case No.07/2017,
whereby the appellants have been convicted under Sections 341 and 323/34 of
IPC and sentenced to undergo RI for 01 year and fine of Rs.200/- respectively
with default stipulation.
2) Brief facts of the case are that the Crime No.640/2016 registered in
Police Station Malawar, District Rajgarh and later investigated by Police Station
Biora, District Rajgarh. After investigation, a final report was submitted and the
accused persons were tried by Special Judge, SC/ST Act, Rajgarh as Special
Case No.07/2017 for charges under Sections 341, 294, 323, 506 and 34 of IPC
and Section 3(2)(Va) of SC/ST (Prevention of Atrocities), Act.
3 ) The learned Special Judge (SC/ST), Rajgarh vide judgment dated
05.03.2016 acquitted the appellants/accused from the charges of Section 3(2)
(Va) of SC/ST (Prevention of Atrocities) Act and Sections 341, 294, 323, 506
and 34 of IPC. The trial Court convicted the accused/appellants only under
Sections 341 and 323/34 of IPC and passed the sentence as per para 1 of
judgment.
4) Challenging the judgment and order dated 05.03.2019, this appeal has
been preferred.
5) Perused the record of the trial Court.
6 ) The trial Court has meticulously appreciated the testimonies of
prosecution witnesses. So the findings of conviction of appellants/accused
under Sections 323 r/w Section 34 and 341 of IPC of the judgment are proper.
They do not call for interference. Hence, the conviction of the
appellants/accused persons under Sections 323/34 and 341 of IPC is affirmed.
7) In this case, there is no criminal antecedent of the appellants/accused.
They are facing the trial from 2016. Looking to the nature of the incident, having
regard to the facts and circumstances of the case and the character of
appellants/accused as first offender, it is expedient to release them on probation
of good conduct under Section 4 of the Probation of Offenders Act, 1958.
8) The appeal is partly allowed and the finding of the trial court
regarding the sentence is modified and instead of sentencing the
appellants/accused at once it is directed that appellants/accused be released on
bail entering into bond with surety of Rs.50,000/-(Rupees Fifty Thousand
Only) each to the satisfaction of the trial court within a period of 90 days to
appear and receive sentence when called upon by the trial Court during a period
of 3 years and in the meantime to keep the peace and be of good behavior.
9) Under Section 5 of Probation of Offenders Act, 1958, the
appellants/accused persons shall also pay Rs.2,000/- (Rupees Two
Thousand Only) each to the injured as compensation for the injuries suffered
for the commission of offence. The appellants/accused persons shall deposit
the compensation amount within a period of 90 days, failing which the said
amount shall be recovered from appellants/accused persons in accordance with
law. The amount of fine deposited by the appellants/accused persons before the
trial Court shall be adjusted towards in amount of compensation.
10) With the aforesaid, the criminal appeal is disposed
(GAJENDRA SINGH)
V. JUDGE
Shruti
