Prakash Yadav vs The State Of Madhya Pradesh
2023 Latest Caselaw 22629 MP

Madhya Pradesh High Court

Prakash 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. 9364 of 2019

                           BETWEEN:-
                           PRAKASH YADAV S/O SHRI BALKISHAN YADAV, AGED
                           ABOUT 28 YEARS, OCCUPATION: LABOR R/O BABA
                           KHERA POLICE STATION MOHANGARH, DISTT.
                           TIKAMGARH (M.P.) (MADHYA PRADESH)

                                                                                        .....APPELLANT
                           (BY SHRI AKSHAT TAMRAKAR-AMICUS CURIAE)

                           AND
                           THE STATE OF MADHYA PRADESH THR. STATION
                           HOUSE OFFICER POLICE STATION MOHANGARH,
                           DISTT. TIKAMGARH (M.P.) (MADHYA PRADESH)

                                                                                     .....RESPONDENTS
                           (BY SHRI G.S. THAKUR )

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

By the present appeal filed under Section 374(2) of the Code of Criminal Procedure, the appellant has challenged the judgment of conviction and sentence passed by Session Judge Tikamgarh in S.T. No.100228/2015 on 21.10.2019 whereby the appellant and co-accused person-Balkishan have been convicted under Sections 323 of IPC and appellant has been convicted under Section 324 of the IPC also. The appellant was sentenced to undergo one year RI with fine of Rs.2000 in default to undergo RI for two months under Section 324 of the IPC and fine of Rs.1000 on two counts under Section 323 of the

IPC and in default to further undergo 1-1 month RI.

2. Shri Akshat Tamrakar, Advocate present in the Court and he has been requested to assist the Court as amicus curiae.

2. The learned amicus curiae has submitted that the prosecution failed to prove the case beyond reasonable doubt. During the trial, the appellant did not remain in custody.

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 Sections 323 and 324 of Indian Penal Code.

4. After considering the arguments of both the parties and after perusal of record, it appears that the FIR was lodged by one Bhaiyaram Yadav against the appellant and Balkishan on 18.7.2014 at P.S. Mohangarh District Tikamgarh which was registered as Crime No.119/2014 under Sections 323, 294, 506 B and 34 of the IPC. After investigation, the charge-sheet was filed. As the counter case was pending before the Sessions Court therefore, the case was committed to the Sessions Court. The prosecution has examined eight witnesses whereas the defense has examined two witnesses. Learned Sessions Judge by judgment dated 21.10.2019 convicted the appellant and co-accused Balkishan under Section 323 and 324 of the IPc and sentenced as stated herein above. The prosecution case was duly proved and narrated by PW 1- Bhaiyaram, PW 2-Smt. Raju PW3 Kailash and the injuries were explained by PW 8- Dr. L.L. Chaderiya. The findings recorded by the learned Sessions Judge are based on due appreciation of evidence and do not require any interference. The conviction under Section 323 (two counts) and Section 324 of the IPC are upheld.

5. However, looking to the facts that the incident took place in the year 2014, the prosecution has not brought any past criminal antecedents of the appellants on record and there is no minimum sentence has been prescribed under Sections 323 and 324 of Indian Penal Code, I deem it proper to set aside the jail sentence awarded under Section 324 of the IPC to the appellant and accordingly, the jail sentence is set aside. However, fine of Rs.2000/- is maintained and the fine of Rs.1000/- under Section 323 on two counts are also maintained. The appellant is on bail, his personal bonds and bail bonds be discharged.

6. Accordingly, the appeal is partly allowed.

7. Record of the trial Court be sent back along with copy of the judgment.

(VINAY SARAF) V. JUDGE P/-