Madhya Pradesh High Court
Rasheed Khan vs The State Of Madhya Pradesh on 20 February, 2023
Author: Rajendra Kumar (Verma)
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE RAJENDRA KUMAR (VERMA)
ON THE 20 th OF FEBRUARY, 2023
CRIMINAL APPEAL No. 1860 of 2005
BETWEEN:-
1. RASHEED KHAN S/O AJMAT KHAN, AGED ABOUT
32 YEARS, OCCUPATION: BUSINESS GADARIYA
NALA BUDNI,DISTT.SEHORE (MADHYA PRADESH)
2. BHURA @ SHAHEED KHAN S/O BABU KHAN,
AGED ABOUT 27 YEARS, OCCUPATION: KABADI
GWALTOLI,HOSHANGABAD (MADHYA PRADESH)
3. CHHOTELAL YADAV S/O GOPI LAL YADAV, AGED
ABOUT 28 YEARS, OCCUPATION: DRIVER
GWALTOLI,HOSHANGABAD (MADHYA PRADESH)
4. RAFEEK KHAN S/O AJMATULLA KHAN, AGED
ABOUT 30 YEARS, OCCUPATION: MACHENIC, R/O
IDGAH COLONY,HOSHANGABAD (MADHYA
PRADESH)
5. ASHOK KUMAR S/O MOOLCHAND BUSINESS,
AGED ABOUT 26 YEARS, OCCUPATION: CHHOTI
CHHOTI BAJARIYA,HOSHANGABAD (MADHYA
PRADESH)
6. RADHELAL S/O PHOOLCHAND, AGED ABOUT 31
Y E A R S , OCCUPATION: STUDENT RAMGANJ
HOSHANGABAD (MADHYA PRADESH)
.....APPELLANT
(BY SHRI H.S. DUBEY - ADVOCATE )
AND
THE STATE OF MADHYA PRADESH THRUGH THE
P.S.BUDNI, DISTT. SEHORE (MADHYA PRADESH)
Signature Not Verified
SAN
.....RESPONDENTS
Digitally signed by AMITABH RANJAN
(BY SHRI P.K. CHOUBEY - GOVERNMENT ADVOCATE )
Date: 2023.02.23 17:22:25 IST
2
T h is appeal coming on for orders this day, t h e cou rt passed the
following:
JUDGMENT
With consent of parties, this Criminal Appeal has been heard finally.
This criminal appeal is preferred under Section 374(2) of Cr.P.C. by the
appellants being aggrieved by the judgment dated 30.08.2005 passed by learned
Additional Session Judge, Nasrullaganj District Sehore in S.T. No.137/1998
whereby the appellants have been convicted for the offence punishable under
Section 148 of IPC and sentenced to undergo R.I. for 02 years with fine of
Rs.2,000/- and under Section 323/149 of IPC and sentenced to undergo RI for
six months and fine of Rs.1000/- with default stipulations to each to them.
2. Prosecution story in short is that on 28.06.1997 at about 06:00 a.m.
appellants armed with rods and hockey sticks assaulted Khushiram
Verma(PW-1). Thereafter, on an information given by PW-1 at Police Station
Bundi, vide Ex.P-1,Dehati Nalishi was registered and thereafter on the basis of
Dehati Nalishi the FIR (Ex.P-21) was registered by Head Constable Kaluram
(PW-13).
3. During investigation, medical examination was conducted, spot map
w a s prepared, seized articles were sent to the Forensic Laboratory and
thereafter taking the statements of the witnesses the matter was committed to the
Court of JMFC, Jabalpur, and thereafter, received by the Court of Sessions.
4. The prosecution has examined total 15 witnesses namely; Khushiram
Verma (PW-1), Dulari Bai (PW-2), Dr.Sunil Bharti (PW-3), Jafar Khan (PW-4),
Surendra Sharma (PW-5), Anil Kumar Khatri (PW-6), Babulal (PW-7), Dr.
Signature Not Verified
R.K. Bhatnagar (PW-8), Mithulal (PW-9), Sukhiram (PW-10), Chetram Verma
SAN
Digitally signed by AMITABH RANJAN
Date: 2023.02.23 17:22:25 IST
(PW-11), Abdul Rashin Khan (PW-12), Kaluram (PW-13), Mahendra Singh
Parmar (PW-14) and Rakesh Kumar Gangela (PW-15),
5. The appellants/accused abjured their guilt and took a plea that they are
innocent.
6. The appellants were tried and charged under Sections 148 & 323/149
of IPC. The learned trial Court, after considering the evidence and material
available on record has convicted the appellants, as stated above.
7. At the very outset, learned counsel for the appellants submits that the
appellants are not challenging the conviction and only prays for reduction of the
sentence so awarded looking to the injury caused by the appellants. It is further
prays for reduction of the jail sentence of the appellants to the period already
undergone or as the Court may deem fit. It is further submitted that appellant
No.1 Rasheed Khan, appellant No.2 Bhura @ Shaheed Khan and appellant
No.3 Chhotelal Yadav have served the jail sentence for a period 18 days and
appellant No.4 Rajeek Khan, appellant No.5 Ashok Kumar and appellant No.6
Radhelal have served the jail sentence for a period of 16 days out of the jail
sentence awarded to them.
8. Learned Government Advocate has opposed the prayer. Inviting my
attention towards the conclusive paragraphs of the impugned judgment, he has
submitted that the injuries caused by the appellants is on vital parts of the body
of the injured. He supported the impugned judgment by submitting that there is
clear evidence against the appellants, therefore, the appeal deserves to be
dismissed.
9. I have heard the learned counsel for the parties and gone through the
material available on record along with the impugned judgment. It would be in
Signature Not Verified
SAN
the interest of justice, if the jail sentence awarded to the appellants is reduced to
Digitally signed by AMITABH RANJAN
Date: 2023.02.23 17:22:25 IST
the period already undergone by them by enhancing the fine amount.
10. Consequently, the instant Criminal Appeal is partly allowed.
11. The conviction of the appellants recorded by the trial Court under
Sections 148 and 323 of IPC is hereby affirmed. However, the jail sentence is
reduced to the period already undergone by enhancing the fine amount from
Rs.2000/- to Rs.10,000/- to each of the appellants for the offences under
Section 148 of IPC. The learned trial Court is directed to pay Rs.25,000/-
(Twenty five thousand Only) to the complainant out of the total fine amount,
if deposited by the appellants.
12. The appellants are directed to deposit the enhanced fine amount
within a period of 90 days from today, failing which, he has to undergo the
sentence awarded by the trial court.
13. Let record of the trial Court be sent back along with a copy of this
order for information and necessary action.
14. Pending I.A., if any, stands closed.
Certified copy, as per rules.
(RAJENDRA KUMAR (VERMA))
JUDGE
Amitabh
Signature Not Verified
SAN
Digitally signed by AMITABH RANJAN
Date: 2023.02.23 17:22:25 IST
