Madhya Pradesh High Court
Rajeev Tripathi 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. 126 of 2021
BETWEEN:-
RAJEEV TRIPATHI S/O SHRI SHARDA PRASAD
TRIPATHI, AGED ABOUT 36 YEARS, OCCUPATION:
LABOUR VILLAGE KARIGOHI P.S. DHARKUNDI
DISTRICT SATNA (MADHYA PRADESH)
.....APPELLANT
(BY SHRI AKSHAT TAMRAKAR-AMICUS CURIAE)
AND
THE STATE OF MADHYA PRADESH THRO. P.S.
DHARKUNDI DISTT. SATNA M.P. (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI G.S. THAKUR- GOVT.ADVOCATE )
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 appellant has challenged the judgment of conviction and order of
sentence passed by learned Special Judge (SC/ST Act) Satna in S.T.
No.200323/2013 whereby the appellant have been convicted under Section 325
of the Indian Penal Code and sentenced to undergo R.I. for one year and fine
of Rs.5000/- and in default, to further undergo SI for one month.
2. No one present on behalf of appellant. Shri Akshat Tamrakar,
Advocate present in the Court has been requested to assist the Court as amicus
curiae.
3. The learned amicus curaie for the appellant has submitted that the
prosecution failed to prove the case beyond reasonable doubt. During the trial,
the appellant remained in custody from 4.9.2013 to 8.9.2013. 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 sessions Court has rightly convicted the appellants
under Section 325 of the IPC.
5. After considering the arguments of both the parties and after perusal of
record, it appears FIR was lodged against the appellant at Police Station-
Dharkundi District Satna on 7.6.2013 by one Nanaji @ Ramnihor which was
registered as Crime No.27/2013 for the offences punishable under Sections 326,
329, 294, 506 B of the IPC and after investigation, the charge-sheet was filed.
The prosecution examined five witnesses. PW 2 -Nanji stated the incident and
involvement of the appellant. PW 1-A.K. Trivedi sustained injuries and
according to doctor, injury no.1 was grievous in nature. P.W. 5-Dr. P.D.
Agrawal proved the fracture in the right wrist of Alna and Radious of injured
Nanaji. Learned Special Judge after considering the statements of the witnesses
and the material available on record, by judgment dated 21.12.2020 convicted
the appellant under Section 325 of the IPC. The findings recorded by the
learned Special Judge are based on appreciation of evidence and I do not find
any reason to interfere in the same. Accordingly, the judgment of conviction
and conviction under Section 325 of the IPC is upheld.
6. However, looking to the facts that the incident took place in the year
2013, the appellant remained in custody for some time, the prosecution has not
brought any past criminal antecedents of the appellant on record and there is no
minimum sentence has been prescribed under Section 325 of Indian Penal
Code, I deem it proper to reduce the jail sentence of the appellant to the extent
of the period which he has already undergone and accordingly, the jail sentence
is reduced and the fine amount is maintained. The appellant is on bail, his
personal bond and bail bond 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/-
