Ajruddin vs The State Of Madhya Pradesh Thr
2023 Latest Caselaw 22759 MP

Madhya Pradesh High Court

Ajruddin vs The State Of Madhya Pradesh Thr on 29 December, 2023

                                                                 1
                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                     BEFORE
                                    HON'BLE SHRI JUSTICE RAJENDRA KUMAR VANI
                                              ON THE 29 th OF DECEMBER, 2023
                                             CRIMINAL APPEAL No. 1158 of 2017

                           BETWEEN:-
                           AJRUDDIN S/O SHRI SIDDAR KHAN, AGED ABOUT 20
                           YEARS, R/O BAGVAJ THANA KOTWALI, DISTRICT
                           SHEOPUR (MADHYA PRADESH)

                                                                                        .....APPELLANT
                           (BY SHRI YOGESH SINGHAL - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH
                           INCHARGE POLICE STATION P.S. AJAK, DISTRICT
                           SHEOPUR (MADHYA PRADESH)

                                                                                      .....RESPONDENT
                           (BY SHRI GIRRAJ SONI - PANEL LAWYER)

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

This appeal has been filed by the appellant under Section 374(2) of

Cr.P.C. being aggrieved by the judgment dated 29.08.2017 passed by the Special Judge (Prevention of Atrocities) Sheopur in Special Session Trial No.200053/2016 whereby the appellant has been convicted under Section 325 of I.P.C and sentenced to undergo one year rigorous imprisonment with fine of Rs.5000/- with default stipulation.

2. In brief case of the prosecution case is that on 23.04.2016 at about 03:00 PM, the complainant Munni Bai was taking bath on the platform outside

her hut, at that juncture, her goat climbed on the rope of Ajruddin's bada.

Ajruddin hit the goat by throwing a stone from his bada, which instead of hitting the goat, hit complainant Munni Bai and caused serious injury. When Munni Bai went to Ajruddin's bada and asked him the reason for pelting stone, then he abused the complainant with obscene and caste-related abuses and when she objected, he caught hold of her and threw her on the ground. Thereafter, Sadiq came with a stick and he also used obscene and caste related abuses and hit her with the stick and caused injury. Ajruddin beat him with his fists. When his sister Chhoti Bai came to save her, the accused person pushed her and caused injury. Then Bimla Bai and Ravi saved them. On the report FIR was registered and after completion of investigation, charge-sheet was filed in

the Court. Charges were framed against accused persons which they denied and requested for trial. After trial, appellants have been convicted and sentenced as aforesaid.

3. Learned counsel for the appellant/accused submitted that he does not wish to challenge the conviction of the appellant for the aforesaid offence. As regards sentence, it is submitted by learned counsel for the appellant that appellant has already suffered 05 days jail sentence and he has been facing agony of trial since 2016 for a period of near about 07 years. It is further submitted that complainant suffered simple injury in the incident. Therefore, it is prayed that sentence of the appellant may be reduced to the period already undergone while enhancing the fine amount suitably.

4. Learned counsel for the State supported the impugned judgment but he has no objection on deciding the appeal on the point of sentence.

5. Heard the learned counsel for the parties and perused the record.

6. After hearing learned counsel for both the parties and on perusal of the

record, it is found that trial Court has rightly appreciated the evidence on record and rightly convicted the appellant under Sections 325 of the I.P.C. hence, conviction of the appellant under Section 325 of the I.P.C. needs no interference.

7 . As regards sentence, looking to the facts and circumstances of the case and evidence on record, in the considered opinion of this Court, ends of justice would meet if while reducing the jail sentence of the appellant to the period already undergone by him, the fine is enhanced to Rs.8000/- under Section 325 of the I.P.C. Accordingly, while affirming the conviction of the appellant under Section 325 of the I.P.C. jail sentence o f the appellant is reduced to the period already undergone by him and fine amount is enhanced to Rs.8000/- under Section 325 of the I.P.C. which shall be deposited by him within a period of two months from today, failing which the appellant will have to suffer the sentence as awarded by the trial Court. The fine amount, if any already deposited by the appellant be adjusted against the aforesaid amount of fine. The entire amount of fine deposited by the appellant be equally distributed in favour of the injured persons as compensation under Section 357 of Cr.P.C.

8. With the aforesaid, the appeal stands disposed of.

(RAJENDRA KUMAR VANI) JUDGE Monika