Madhya Pradesh High Court
Prahlad Patel @ Pandey 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. 1806 of 2014
BETWEEN:-
PRAHLAD PATEL @ PANDEY S/O SHRI DALLU PRASAD
PATEL, AGED ABOUT 32 YEARS, VILL. BUDHERUWA P.S.
MAIHAR DIST. SATNA (MADHYA PRADESH)
.....APPELLANT
(BY SHRI SANJAY KUSHWAHA - ADVOCATE )
AND
THE STATE OF MADHYA PRADESH STATION HOUSE
OFFICER P.S. MAIHAR DIST. SATNA (M.P.)
.....RESPONDENTS
(BY SHRI PRANJEET CHATERJEE - 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 appellant has challenged the judgment of conviction dated
30.06.2014 passed by learned Special Judge (Atrocities) District - Satna in
Special Case No.57/2013 whereby the appellant has been convicted under
Section 323 of IPC and sentenced to undergo R.I. for 6 months with fine of
Rs.1000/- in default one month further R.I.
2. The learned counsel for the appellant has submitted that the
prosecution failed to prove the case beyond reasonable doubt. During the trial,
the appellant was remained in custody from 11.07.2017 to 13.07.2017. He
prayed for acquittal of the appellant.
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 appellant under
Section 323 of Indian Penal Code.
4. After considering the arguments of both the parties and after perusal of
record, it appears that on 09.07.2013, a report was lodged by Kunji Lal Kumhar
against the appellant which was registered as Crime No. 490/2013 at Police
Station- Maihar District- Satna, under Sections 353, 294, 506, 186 and 332 of
IPC and under Section 3(1)(X) of SC/ST (Prevention of Atrocities) Act, 1989
and after investigation, charge-sheet was filed. The prosecution examined 7
witnesses and the defence did not examine anyone. The learned Special Judge
considered the evidence and by judgment dated 30.06.2014 acquitted the
present appellant under Section 294, 506 (Part-II) and 332 of IPC and under
Section 3(1)(X) of SC/ST (Prevention of Atrocities) Act, 1989 however,
convicted under Section 323 and sentenced as stated hereinabove. PW-4
(Kunjilal Prajapati) duly proved the incident and involvement of the present
appellant and his statement was supported by PW-5 (Ramakant Pandey) and
PW-6 (Ramlal Kol). The judgment of conviction under Section 323 of IPC is
based on due appreciation of evidence, there is no scope of interference in the
finding of the learned Special Judge. Consequently, the conviction under
Section 323 of IPC is upheld.
5. However, looking to the facts that the incident took place in the year
2013, the prosecution has not brought any past criminal antecedents of the
appellant on record, there is no minimum sentence has been prescribed under
Sections 323 of Indian Penal Code, the appellant remained in custody from
11.07.2017 to 13.07.2017, I deem it proper to reduce the jail sentence of the
appellant to the extent of the period which he has already undergone and
accordingly, the jail sentence is reduced. However, fine amount Rs. 1000/- is
maintained and shall be deposited (if not already paid) within a period of two
months from today. The appellant is on bail, his 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
Shub
