Heeradas vs The State Of Madhya Pradesh
2023 Latest Caselaw 22749 MP

Madhya Pradesh High Court

Heeradas 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. 1846 of 2005

                           BETWEEN:-
                           1.    HEERADAS S/O GULLAIYA DAS PANKA, AGED
                                 ABOUT            55           YEARS, VIL-
                                 BHADANGATOLA,PS.BICHHIYA,TAH-
                                 BICHHIYA,MANDLA(MADHYA PRADESH)

                           2.    RAJESHHIRADAS, AGED ABOUT 22 YEARS,VIL-
                                 BHADANGA           TOLA,PS.BICHHIYA,TAH-
                                 BICHHIYA,MANDLA (MADHYA PRADESH)

                                                                                        .....APPELLANT
                           (BY SHRI VINEET MISHRA-ADVOCATE )

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH P.S.
                           BICHHIYA DIST. MANDLA (MADHYA PRADESH)

                                                                                     .....RESPONDENTS
                           (BY SHRI VIJAY PANDEY-PANEL LAWYER )

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

                           following:
                                                          JUDGEMENT

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 Special Judge, Mandla in Special Case No.9/2005 whereby the appellants have been convicted under Sections 3(1)(x) and 3(1)(v) of the SC/ST (Prevention of Atrocities) Act, 1989 and sentenced to undergo RI for 6-6 months with fine of Rs.500-500 and in default 1 & half month RI-1

& half month and also convicted under Section 447 of the Indian Penal Code

and sentenced to undergo 3-3 months R.I.

2. The learned counsel for the appellants has submitted that the prosecution failed to prove the case beyond reasonable doubt. During the trial, the appellant-Heeradas remained in custody from 31.10.2004 to 8.11.2004 and appellant Rajesh from 6.11.2004 to 9.11.2004 . 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 one Faggubai @ Fagni Bai lodged a report in Ajak Mandla on 25.10.2004 in respect of the incident allegedly happened on 19.7.2004 registered as Crime No.56/2004 under Section 447/34 of the IPC and 3(1)(x) and 3(1)(v) of the SC/ST (Prevention of Atrocities) Act, 1989. After investigation, the charge-sheet was filed. The prosecution examined 16 witnesses. PW 1-Pooran Singh, PW2-Poonaram, PW3-Ram Singh, PW4- Fagobai supported the prosecution case and stated that appellants illegally tresspassed the land belonging to Fagobai and started cultivating the same and when the same was objected by Fagobai, they threatened and insulted by using the name of her caste.

5. Learned Special Judge after considering the statements of the witnesses and the material available on record convicted the appellants and sentenced them as stated herein above. So far as the offence punishable under Sections 3(1)(x) and 3(1)(v) of the SC/ST (Prevention of Atrocities) Act, 1989 are concerned, it was the duty of the prosecution to prove the case of the victim

beyond reasonable doubt because without proving the fact that victim was the member of the Schedule Caste or Schedule Tribe and the accused was not a member of the Schedule Caste and Schedule Tribe, the provisions would not be applicable. The oral statement is not sufficient to prove the case of the victim. The prosecution has produced the caste certificate Exh. P-5 and examined PW14 to prove the caste certificate but the caste certificate was not issued by the competent authority and the same was issued by Surpanch of Gram Panchayat Khatola and therfore it cannot be accepted that the caste of the victim was duly proved and consequently, the appellants are acquitted from the charges under 3(1)(x) and 3(1)(v) of the SC/ST (Prevention of Atrocities) Act, 1989, however in respect of the findings recorded by the learned Special Judge for convicting the appellant under Sction 447 of the IPC is concerned, the findings are based on due appreciation of evidence and I do not find any reason to interfere in the findings and the conviction under Section 447 of the IPC is upheld.

6. However, looking to the facts that the incident took place in the year 2004, the appellants remained in custody for some days, the prosecution has not brought any past criminal antecedents of the appellants on record and there is no minimum sentence has been prescribed under Section 447 of Indian Penal Code, I deem it proper to reduce the jail sentence of the appellants to the extent

of the period which they have already undergone and accordingly, the jail sentence is reduced. However, fine is imposed as Rs.2000-2000/-. The 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.

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

judgment.

(VINAY SARAF) JUDGE P/-