Omkar vs The State Of Madhya Pradesh
2023 Latest Caselaw 22742 MP

Madhya Pradesh High Court

Omkar vs The State Of Madhya Pradesh on 29 December, 2023

                                                              1
                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                       BEFORE
                                           HON'BLE SHRI JUSTICE VINAY SARAF
                                              ON THE 29 th OF DECEMBER, 2023
                                             CRIMINAL APPEAL No. 3386 of 2016

                           BETWEEN:-
                           1.    OMKAR S/O PRABHULAL YADAV, AGED ABOUT 55
                                 YE A R S , INDRANAGAR PRABHU KA TAPPAR
                                 SIHOR DISTT. SEHORE (MADHYA PRADESH)

                           2.    JITENDRA S/O OMKAR YADAV, AGED ABOUT 30
                                 YE A R S , INDRANAGAR PRABHU KA TAPPAR
                                 SIHOR DISTT. SEHORE (MADHYA PRADESH)

                                                                                           .....APPELLANTs
                           (BY SHRI NISHANT YADAV - AMICUS CURIAE)

                           AND
                           THE STATE OF MADHYA PRADESH THR. SPECIAL
                           POLICE STATION S.C.S.T. SEHORE (MADHYA PRADESH)

                                                                                         .....RESPONDENTS
                           (BY SHRI G.S. THAKUR - GOVERNMENT ADVOCATE)

                                 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 dated 02.11.2016 passed by Special Judge (Prevention of Atrocities), Sehore in Special Case No.108/11 whereby the appellant No.1 has been convicted under Section 323 (two counts) of IPC and sentenced to undergo R.I. for 6-6 months and fine of Rs.500-500/- in default of fine further R.I. for 1-1 month to appellant No.1 and appellant No.2 has been convicted under Section 323/34 of IPC and

sentenced to undergo R.I. for 6-6 months and fine of Rs.500-500/- in default of fine further R.I. for 1-1 month.

2. No one is present on behalf of appellant. Mr. Nishant Yadav-Advocate is present in the Court and has been requested to assist on behalf of appellant as amicus curiae.

3. The learned amicus curiae has submitted that the prosecution failed to prove the case beyond reasonable doubt. During the trial, the appellants were remained in custody from 31.05.2011 to 16.06.2011. He prayed for acquittal of the appellants.

4 . 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 trial Court has rightly convicted the appellants under Sections 323 & 323/34 of Indian Penal Code.

5. After considering the arguments of both the parties and after perusal of record, it appears that on 15.05.2011, a report was lodged by Amar Singh against the appellants which was registered as Crime No. 336/2011 at Police Station- Kotwali District- Sehore, under Sections 323, 294, 506, 324, 307/34 of Indian Penal Code and under Section 3(1)(X) of SC/ST Act. After investigation, the charge-sheet was filed. Prosecution examined 8 witnesses and defence examined one witness. PW-1 (Amar Singh), PW-3 (Ajay) and PW-8 (Ranibai) duly narrated the incident and involvement of the appellants in the offence. PW-2 (Dr. A.K. Manjhi) explained the injuries sustained by Ajay and Amar. After considering the evidence of the witnesses and record of the case, learned Special Judge by judgment dated 02.11.2016 acquitted the appellants from the offences punishable under Section 3(1)(X) and 3(1)(v-a) of SC/ST Act and under Section 324, 506 and 307 of IPC. However, convicted under

Sections, 323, 323/34 (two counts) and sentenced as stated hereinabove. The findings recorded by learned Special Judge are based on due appreciation of evidence and do not require any interference. The judgment of conviction and conviction under Sections, 323 and 323/34 of IPC are hereby upheld.

6. However, looking to the facts that the incident took place in the year 2011, the prosecution has not brought any past criminal antecedents of the appellants on record, the appellants remained in custody for 16 days, there is no minimum sentence has been prescribed under Sections 323 and 323/34 of Indian Penal Code, I deem it proper to set aside the jail sentence of the appellants and accordingly, the jail sentences are set aside. However, fine amount Rs.500/- is maintained and shall be deposited (if not already paid) 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.

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

(VINAY SARAF) JUDGE Shub