Madhya Pradesh High Court
Rajkumar 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 DEVNARAYAN MISHRA
ON THE 29 th OF DECEMBER, 2023
CRIMINAL APPEAL No. 1681 of 2022
BETWEEN:-
RAJKUMAR S/O CHETRAM JANGADE, AGED ABOUT 25
YEARS, OCCUPATION: LABOUR R/O BADORA BETUL
P.S. BETUL BAZAAR TEHSIL AND DISTRICT BETUL M.P.
(MADHYA PRADESH)
.....APPELLANT
(BY MR. VIKASH CHOUKSEY - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
POLICE STATION AJAK BETUL DISTRICT BETUL
M.P. (MADHYA PRADESH)
2. PAWAN BARASKAR S/O NOT MENTION
OCCUPATION: NIL BADORA BETUL, P.S.-BETUL
BAZAAR (MADHYA PRADESH)
.....RESPONDENTS
( MR. SOURABH SHUKLA -PANEL LAWYER)
Th is appeal coming on for hearing this day, t h e court passed the
following:
ORDER
This appeal under Section 374 (2) of the Cr.P.C. has been preferred
against a judgment of conviction and order of sentence dated 07.01.2022
passed by Special Judge, Scheduled Castes and Scheduled Tribes (Prevention
of Atrocities) Act, 1989 District-Betul (M.P.) in SCATR No.64/2018 whereby
the appellant has been convicted under Section 325 of the Indian Penal Code
and sentenced to undergo R.I. for 1 year with fine of Rs.500/-, under Section
323 of the Indian Penal Code and sentenced to undergo R.I. for three months
with fine of Rs.200/- with default stipulations.
2 . Prosecution case in nutshell is that on 15-16.04.2018, the appellant
owing to filling of straw started abusing and assaulting Ankit with lathi and when
the complainant went to save him then, the appellant also assaulted him. The
complainant lodged a written complaint at Police Station-A.J.K., District-Betul
and on that basis Police Station-A.J.K., Betul registered Crime No.05/2018 for
an offence punishable under Sections 294, 323, 325, 506 of the Indian Penal
Code and under Section 3(1)(da), (gh) of the Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act, 1989. The complainant and Ankit were
medically examined. The accused/appellant was arrested. After completion of
investigation, charge-sheet has been filed before the competent Court.
3. Trial Court framed charges against the appellants under Section 294(on
two counts), 323, 325, 506(Part-II)(on two counts) of the Indian Penal Code
and under Section 3(1)(da), 3(1)(dha) of the Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act, 1989 and read over to him who abjured
his guilt and prayed for trial.
4. The trial Court after recording the evidence and hearing both the
parties acquitted the appellant from an offence punishable under Sections
294(on two counts), 506(Part-II) (on two counts) of the Indian Penal Code and
Section 3(1)(da), 3(1)(dha) of the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, 1989 but convicted and sentenced him under
Sections 325 and 323 of the Indian Penal Code.
5. Learned counsel for the appellant has argued that the case was
registered on 16.04.2018 and appeal is pending since 2022. He has further
submitted that he has expressly gave up his challenge to the findings of the
Court below so far as the conviction of the appellant is concerned. In other
words, the learned counsel for the appellant accepted the finding of conviction
passed against the appellant, however, he challenged the quantum of
punishment (one year R.I and two months), therefore, he prayed that the jail
sentence of the appellant be reduced suitably.
6. Learned Public Prosecutor for the State has submitted that after
appreciating the evidence produced by the prosecution, the trial Court has
rightly found guilty the appellant for the aforesaid offence, therefore, no
grounds are available for reducing the jail sentence awarded to the appellant
hence, he prayed for dismissal of this appeal.
7. Having heard the submissions advanced on behalf of the parties and
on perusal of the impugned judgment and other material on record, since
counsel for the appellant has not pressed upon the conviction of the appellant,
therefore, the conviction of the appellant under Sections 325 and 323 is hereby
affirmed.
8. So far as sentence is concerned, the incident took place 05 years ago
and in the considered view of this Court, no fruitful purpose is going to be
served by sending the appellants to jail after about 05 years of the incident.
9. Consequently, appeal is partly allowed. The conviction of the
appellant recorded by the trial Court under Sections 325 and 323 of the Indian
Penal Code is hereby affirmed. The jail sentence of the appellant is reduced to
the period already undergone by him and fine amount imposed on the appellant
under Section 325 of the Indian Penal Code is enhanced from Rs.500/- to
Rs.10,000/- and under Section 323 of the Indian Penal Code is enhanced from
Rs.200/- to Rs.1,000/-.
10. In this case, there are two injured persons namely Pawan and Ankit
and on fine being deposited, the trial Court shall pay Rs.3,000/- to Pawan and
Rs.5,000/- to Ankit as compensation.
11. The appellant is directed to deposit the fine amount before the
concerned trial Court within 90 days from today adjusting the prior deposited
fine amount. If the aforesaid fine amount is not deposited within the stipulated
time period, then the appellant shall undergo simple imprisonment of four
months and one month respectively. The appellant is on bail, his bail bonds and
surety bonds stand discharged subject to deposit of aforesaid fine amount.
12. The order of the trial Court regarding the seized property is
maintained.
13. Record of the trial Court be sent back immediately along with a copy
of this judgment for information and necessary action.
(DEVNARAYAN MISHRA)
JUDGE
julie
