Kishanlal Patel vs The State Of M.P
2023 Latest Caselaw 22821 MP

Madhya Pradesh High Court

Kishanlal Patel 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 BINOD KUMAR DWIVEDI
                                              ON THE 29 th OF DECEMBER, 2023
                                             CRIMINAL APPEAL No. 4982 of 2021

                           BETWEEN:-
                           KISHANLAL PATEL S/O RAMLAKHAN PATEL,, AGED
                           ABOUT 40 YEARS, OCCUPATION: FARMER R/O VILLAGE
                           GODRI NO.27, P.S. GARH, DISTRICT REWA M.P
                           (MADHYA PRADESH)

                                                                                           .....APPELLANT
                           (BY SHRI SUBHAM YADAV - ADVOCATE )

                           AND
                           THE STATE OF M.P THR P.S. GARH DISTT. REWA M.P
                           (MADHYA PRADESH)

                                                                                        .....RESPONDENTS
                           (BY SHRI AMIT SHARMA - GOVERNMENT ADVOCATE )

                                 This appeal coming on for final hearing this day, the court passed the
                           following:
                                                            JUDGMENT

T h is Appeal filed under Section 374(2) of the Code of Criminal

Procedure, 1973 (or short "Code") assails the judgment and order dated 13.08.2021 passed passed by the learned Additional Sessions Judge Rewa (M.P.) in ST No. 50 of 2018, whereby, the appellant has been convicted for the offence under Sections 323 of IPC and sentenced to undergo rigorous imprisonment for one year and fine of Rs.1000/- with default stipulation.

2. T h e incident was reported to the Police Station Gardh District Rewa (M.P.) where FIR (Ex.P-1) was recorded on Crime No. 260/2017 under Section

294 & 307 of IPC. The investigation was set in motion and on its completion

charge-sheet was filed. Learned trial Court after hearing the concerned parties and on due appreciation of the evidence on record vide impugned judgment, convicted and sentenced the appellant as mentioned herein above.

3. Learned counsel for the appellant challenging the conviction and sentence submits that, learned trial Court has failed to notice the serious anomalies, contradictions and omissions present in the testimony of prosecution witnesses. Therefore, appellant is entitled for acquittal. In the alternative limb of prayer, learned counsel for appellant submits that appellant has no criminal antecedent. He remained in jail from 09.08.2017 to 14.08.2017 i.e. for 05 days which finds place at para-35 of the impugned judgment. Therefore, looking to the trivial

nature of the incident and no criminal past of the appellant, taking the lenient view, jail sentence may be reduced to the period already undergone.

4. Learned Government Advocate for the State supports the impugned judgment and prays for dismissal of this appeal.

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

6. The evidence adduced in support of the allegations with regard to offence under Section 323 of IPC is found to be clear cogent and consistent. The same is free from any material infirmity and anomaly. The testimony of complainant Jokhulal Bhujwa (PW-1) stands d uly corroborated with First Information Report (Ex.P-1) and also with the MLC report (Ex.P-5). Therefore, it cannot be accepted that the learned trial Court has committed any error in recording conviction for offence under Section 323 of IPC. Hence, the same is hereby affirmed.

7. As regards the sentence, prayer made on behalf of appellant appears to be reasonable. The incident took place more than 06 years back. Appellant

remained in jail for 05 days as mentioned herein above. No criminal antecedents are attributed to the appellant. Therefore, period of jail sentence deserve to be reduced for the period already undergone.

8. Accordingly, this appeal is partly allowed. Conviction of appellant under Section 323 of IPC is maintained, his jail sentence is reduced to the period already undergone. Appellant is on bail, his bail bond and personal bond shall stands discharged.

10. The record of the learned trial Court alongwith the copy of the judgement be forthwith sent back to the learned trial Court for compliance and necessary action.

(BINOD KUMAR DWIVEDI) JUDGE Amitabh