Arun Vishwakarma vs Ghasi Ram Patel
2023 Latest Caselaw 22813 MP

Madhya Pradesh High Court

Arun Vishwakarma vs Ghasi Ram Patel 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. 1197 of 2014

                           BETWEEN:-
                           ARUN       VISHWAKARMA     S/O    BHAGIRATH
                           VISHWAKARMA, AGED ABOUT 30 YEARS, VILLAGE
                           BARAH P.S. MAHARAJPUR (MADHYA PRADESH)

                                                                                          .....APPELLANT
                           (BY SHRI MAYANK SINGH - ADVOCATE)

                           AND
                           1.    GHASI RAM PATEL S/O JEEWANLAL PATEL, AGED
                                 ABOUT 60 YEARS, BARAH P.S. MAHARAJPUR
                                 (MADHYA PRADESH)

                           2.    STATE OF M.P.        P.S. MAHARAJPUR VILLAGE
                                 SIMARIYA P.S.          MAHARAJPUR   (MADHYA
                                 PRADESH)

                                                                                       .....RESPONDENTS
                           (SHRI SANDEEP KUMAR DUBEY - PANEL LAWYER FOR THE STATE)

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

                           following:
                                                                ORDER

This appeal has been preferred by the appellant being aggrieved with the

judgment passed by the IInd Additional Sessions Judge, Sagar in S.T. No.

279/2012 dated 10th April, 2014 by which the appellant has been convicted for the offence under Section 323 of I.P.C. and sentence to R.I. for six months and fine amount of Rs. 500/- with default stipulation.

The basic case against the appellant was that on 16/12/2011, complainant

Ghasiram was working on his field at Maharajpur, District Sagar. Thereafter, the appellant came and asked that who have passed the machine from his field. The complainant expressed his ignorance. On this, the appellant started abusing him and when he objected, then the appellant hit the complainant by lathi, that injured his toe and leg.

He reported the matter to Police Station Maharajpur. The Police Station Maharajpur registered non-cognizable offence under Section 481/11 under Section 155 of the Cr.P.C.

The complainant filed the complaint before the Judicial Magistrate First Class, Deori. After that, the trial court after recording the evidence and hearing

both the parties, passed the impugned judgment and convicted and sentenced the appellant as above.

Learned counsel for the appellant has submitted that no appeal is pending. The cross case is related to Section 326 and in that case, complainant was convicted and punished. In this case, only two simple injuries were found on the body of the complainant and the jail sentence is more strict in proportion to the act.

Learned Panel Lawyer has argued that if the conviction is maintained, he has no objection in reducing the jail sentence.

After perusal of the judgment and evidence on record, the conviction of the appellant under Section 323 of I.P.C. is maintained and confirmed.

On this point of the sentence, it is proved from the case record that the quarrel started on the point that someone has passed the machinery from the field of the appellant and he has queried to the complainant and the appellant was having doubt that with connivance of the complainant, the machinery was passed through his field and no premeditated and cruel act has been done by

the appellant. Hence, the conviction under Section 323 of I.P.C. is maintained and sentence of the appellant under Section 323 of I.P.C. is quashed.

The fine amount is enhanced from Rs. 500/- to Rs. 1,000/-. The appellant shall deposit the fine amount within a period of two months from the date of receipt of copy of the judgment before the trial court, in default stipulation, S.I. for two months.

With the aforesaid modification, the appeal is disposed of. Record of the trial Court be sent back along with the order of this court.

(DEVNARAYAN MISHRA) JUDGE vy