Dulichand vs The State Of M.P.
2023 Latest Caselaw 22802 MP

Madhya Pradesh High Court

Dulichand vs The State Of M.P. 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. 1962 of 2003

                           BETWEEN:-
                           DULICHAND KOLI, S/O SHRI MANSHARAM KOLI, AGED
                           ABOUT   52  YEARS     OCCUPATION-SERVICE  R/O
                           CHURAKKA MOHALLA, BEGUMGANJ, DIST. RAISEN
                           (M.P)

                                                                                         .....APPELLANT
                           (BY SHRI ESHAN DATT - ADVOCATE )

                           AND
                           THE STATE OF M.P. THROUGH P.S. BEGUMGANJ DIST.
                           RAISEN (MADHYA PRADESH)

                                                                                      .....RESPONDENTS
                           (BY SHRI VIJAY PANEY - 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 appellant has challenged the judgment of conviction dated 23.09.2003 passed by Additional Sessions Judge, Begumganj in S.T. No.100/2002 whereby the appellant has been convicted under Section 326 of IPC and sentenced to undergo 21 days simple imprisonment and fine of Rs.2000/- in default R.I. for 3 months.

2. The learned counsel for the appellant has submitted that the prosecution failed to prove the case beyond reasonable doubt. During the trial,

the appellant remained in custody for 21 days during trial. He prayed for

acquittal of the appellant.

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 Special Judge has rightly convicted the appellant under Section 326 of IPC.

4. After considering the arguments of both the parties and after perusal of record, it appears that a report was lodged on 20.05.2002 at P.S. Begumnagar District-Raisen (M.P.) against the appellant by Omkar Singh which was registered as Crime No. 144/2002 under Sections 307 and 506 of Indian Penal Code. After investigation, charge-sheet was filed. The prosecution has

examined 5 witnesses and 2 witnesses were examined in defence. Learned Session Judge by judgment dated 23.09.2003 acquitted the appellant from the charges under Sections 307 and 506 of IPC and convicted under Section 326 of IPC and sentenced as stated hereinabove. The findings recorded by learned Session Judge is based on due appreciation of evidence and I do not find any reason to interfere in the findings of learned Session Judge and the conviction under Section 326 of IPC is upheld.

5. However, looking to the facts that the incident took place in the year 2002, the prosecution has not brought any past criminal antecedents of the appellant on record, the jail sentence is already undergone. The parties filed the compromise application before the trial Court, I deem it proper to set aside the default sentence imposed by trial Court on account of failure to pay the fine. The appellant will deposit the fine amount of Rs.2000/- within two months from today if the same has already been not deposited.

6. The appellant is on bail, his 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 Shub