Madhya Pradesh High Court
Gopal Singh 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. 1101 of 2014
BETWEEN:-
1. GOPAL SINGH S/O OMKAR SINGH, AGED ABOUT
47 YEARS, VILLAGE DHORANI DISTRICT
KHANDWA (MADHYA PRADESH)
2. SHYAM SINGH S/O GOPAL SINGH, AGED ABOUT
20 YEARS, VILL. DHORANI DISTRICT KHANDWA
(MADHYA PRADESH)
3. MADAN PRAJAPATI S/O MANGILAL PRAJAPATI,
AGED ABOUT 45 YEARS, VILL. DHORANI
DISTRICT KHANDWA (MADHYA PRADESH)
.....APPELLANTS
(BY SHRI S.S. RAJPUT - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH P.S. SC/ST
KHANDWA KHANDWA (MADHYA PRADESH)
.....RESPONDENTS
(BY MS. PAPIYA GHOSH - 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 passed by learned Special Judge, (SC/ST Act) Khadwa in Special
Case No.50/2012 whereby the appellants have been convicted under Sections
294, 323 and 323/34 of Indian Penal Code and sentenced to undergo six
months RI for 323 and 323/34 and fine of Rs.200-200/- in three counts and
sentenced fine of Rs.200 with default stipulation for 294 of IPC.
2. The learned counsel for the appellants has submitted that the
prosecution failed to prove the case beyond reasonable doubt. During the trial,
the appellants did not remain in custody. 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 sessions Court has rightly convicted the appellants.
4. After considering the arguments of both the parties and after perusal of
record, it appears that FIR was lodged by Vijay on 3.8.2012 at Police Station
Ajak, Khadwa which was registered as Crime No. 2/2012 under Sections 294,
323, 506, 34 of the IPC and 3(1) (x) of the SC/ST (Prevention of Attrocities
Act) 1989 against the appellants and after investigation charge-sheet was filed.
The prosecution examined witness PW.3 Vijay, PW 4 Kamla Bai, PW 5 Suraj
Bai narrated the incident and proved the involvement of the appellants in the
offence. PW12-Dr. G.S. Chhabra explained the injuries sustained by Kamla bai,
however accepted that the injuries were simple in nature. Learned Special Judge
by judgment datd 26.3.2014 acquitted the appellants from the charges
punishable under Section 3(1) (X) of the SC/ST (Prevention of Attrocities Act)
1989 and convicted the appellants under Sections 294, 323 and 323/34 of the
IPC and sentenced as stated herein above. After considering the statement of
the writneese on record, I do not find any reason to interfere in the findings
recorded by the learned Special Judge and the judgment of conviction under
Sections 294, 323 and 323/34 of the IPC are hereby upheld.
5. However, looking to the facts that the incident took place in the year
2012, the prosecution has not brought any past criminal antecedents of the
appellants on record. There is no minimum sentence has been prescribed under
Sections 294, 323 and 323/34 of the IPC, I deem it proper to set aside the jail
sentence of the appellants and accordingly, the jail sentence is set aside.
However, fine of Rs. 1000/- is imposed for each count on each appellant.
Appellants shall deposit the enhanced amount 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.
6. Record of the trial Court be sent back along with copy of the
judgment.
(VINAY SARAF)
JUDGE
P/-
