Bhagtu @ Bhagat Raj vs The State Of M.P.
2023 Latest Caselaw 1566 MP

                               1
     IN THE HIGH COURT OF MADHYA PRADESH
                  AT JABALPUR
                        BEFORE
      HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
            CRIMINAL APPEAL No. 454 of 2002

BETWEEN:-
1.    BHAGTU @ BHAGAT RAJ, SON OF BENI
      PRASAD, AGED ABOUT 25 YEARS, (MADHYA
      PRADESH)

2.    BENI PRASAD (DEAD) S/O KHEMKARAN,
      AGED ABOUT 48 YEARS, BOTH RESIDENT OF
      VILLAGE MUDIA, P.S. NARSINGHPUR,
      DISTRICT    NARSINGHPUR      (MADHYA
      PRADESH)

                                                       .....APPELLANTS
(BY SHRI J.P. SINGROL - ADVOCATE)

AND
THE STATE OF M.P., THROUGH P.S. NARSINGHPUR
(MADHYA PRADESH)

                                                       .....RESPONDENT
(BY SHRI PRADEEP DWIVEDI - PANEL LAWYER)
Reserved on    : 20.01.2023
Pronounced on : 27.01.2023

      T h is appeal having been heard and reserved for judgement,
coming on for pronouncement this day, the court passed the following:
                             JUDGEMENT

This appeal under Section 374(2) of the Cr.P.C has been filed being aggrieved and dissatisfied against the judgment dated 15.02.2002, passed in S.T.No.39/2000 (State of M.P. Vs. Bhagtu @ Bhagat Raj and Others), by the ASJ, Narsinghpur, whereby appellants have been convicted for

commission of offence under Section 325 of IPC and have been sentenced 6-6 months RI with fine of Rs.3000-3000/- with default stipulations.

2. In this case appellant No.2 Beni Prasad has died. Thus, this appeal has stand abated against him.

3. As per prosecution story on 22.01.2000 Rajendra Kumar @ Rajju, resident of village Modiya lodged an FIR stating that he is a farmer. On 22.01.2000, he along with his wife Girja Bai had gone to his fields. When they both were returning towards their home, they saw Bhagtraj, Beni and Gannu @ Ganesh cutting the trees grown on the boundaries of the field. When he and his wife Girja Bai asked them not to cut trees, they

all abused him uttering filthy words related to daughter and sister. In the meantime, Mahesh Lodhi reached there and thereafter they all in furtherance of their common intention assaulted them. Accused Bhagtu gave a kulhadi blow on his wife Girja Bai's head. Beni Prasad gave a lathi blow on her head. When he attempted to pacify the matter Ganu @ Ganesh and Mahesh Lodhi beat him by means of lathi. He also sustained injuries over his eyes, both shoulders, both legs and elbows. All these four persons assaulted his wife Mira Bai @ Girja Bai with an intention to kill her. Hearing the noise, her daughter Dharma Bai, Brijbhushan and Hariram reached on the spot and pacified the matter. After incident, all accused persons fled away from the spot. Her wife has sustained injuries on her head and same is bleeding due to which she became unconcious. FIR was registered. After investigation, charge sheet was filed. Learned JMFC in its court committed case to the Court of Sessions.

4. Learned Sessions Judge framed charges against the accused persons for commission of offence under Section 294, 323, 325 and 307 read with Section 34 of IPC. They abjured their guilt and claimed to be tried.

5. In order to prove its case, prosecution examined 13 witnesses. In defence, no witness was examined.

6. After hearing the parties, learned trial Court acquitted accused Ganesh and Mahesh for the commission of all offences and also acquitted accused Bhagtu @ Bhagat Raj and Beni Prasad for commission of offence under Section 294, 307 and 323/34 of IPC but convicted Bhagtu @ Bhagat Raj and Beni Prasad for commission of offence under Section 325 of IPC and sentenced them as mentioned in para 1 of this judgement.

7. At the very outset, learned counsel for the appellant Bhagtu @ Bhagat Raj has submitted that he does not want to challenge his conviction for commission of offence under Section 325 of IPC. He has submitted that in this case appellant Bhagtu @ Bhagat Raj has already suffered 5 months and 1 day jail sentence. He is facing rigor of trial for the last 22 years. He has no criminal background. Therefore, it is prayed that six months jail sentence awarded to the appellant be reduced to the period of 5 months and one day already undergone by him.

8. On the other hand, learned Panel Lawyer for the State has supported the impugned judgment of conviction, but has fairly admitted

that appellant has already suffered 5 months and 1 day jail sentence. Therefore, he has no objection if his jail sentence of six months RI is

reduced to the period already undergone by him in jail.

9. Girja Bai PW3 in her evidence has deposed that injuries on her head was caused by means of Axe by Bhagat Raj. Her evidence finds full corroboration from the evidence of her husband and injured eye witness Rajendra Kumar PW2, Laxmi Prasad PW5 and promptly lodged FIR drawn by S.L. Soni PW11 and Medical Evidence of Dr.M.M. Murthi PW12 and Dr.D.Kumar PW1. There are no reasons to disbelieve their evidence. Learned trial Court has properly appreciated evidence of all witnesses available on record. Therefore, no fault is visible in the findings of conviction recorded under Section 325 of IPC against appellant Bhagtu @ Bhagat Raj. Thus, his conviction under Section 325 of IPC by trial Court is confirmed.

10. So far as the quantum of the sentence is concerned, it is apparent that appellant No.1 - Bhagtu @ Bhagat Raj has already suffered 5 months and 1 day in jail. Therefore, having taken into consideration all the facts and circumstances of the case, I am of the view that sentence of 5 months and 1 day already suffered by the appellant No.1 is sufficient for an offence under Section 325 of IPC. Therefore, sentence awarded is modified and it is reduced to the period already undergone by the appellant No.1 - Bhagtu @ Bhagat Raj in jail.

11. The order of grant of Rs.3000/- as compensation to Girja Bai by the trial Court is confirmed. Appellant is on bail. His bail bond shall stand discharged.

12. This appeal is disposed of accordingly, with the modification of the sentence.

13. A copy of the judgment along with the trial Court record be sent down immediately to the trial Court for information through Sessions Judge, Narsinghpur.

(DINESH KUMAR PALIWAL) JUDGE Jasleen

Digitally signed by JASLEEN SINGH SALUJA Date: 2023.01.27 17:51:13 +05'30'