Pankaj vs The State Of Madhya Pradesh
2023 Latest Caselaw 479 MP

     IN THE HIGH COURT OF MADHYA PRADESH
                  AT INDORE
                       BEFORE
      HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
             ON THE 9th OF JANUARY, 2023
             CRIMINAL APPEAL No. 3530 of 2022

BETWEEN:-

PANKAJ S/O SHRI LAKSHMINARAYAN YADAV,
AGED ABOUT 31 YEARS, OCCUPATION:
AGRICULTURE GRAM LOHANA (MADHYA
PRADESH)
                                                    .....APPELLANT
(BY SHRI C.L.YADAV, SENIOR ADVOCATE ALONG WITH
SHRI OMPRAKASH SOLANKI ADVOCATE)

AND

THE STATE OF MADHYA PRADESH STATION
HOUSE OFFICER THROUGH POLICE STATION
BADNAGAR (MADHYA PRADESH)
                                                 .....RESPONDENTS
(BY SHRI N.S.BHATI, GOVT.ADVOCATE)

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

1. The appellant has preferred the present appeal against the judgment dated 08.04.2022, passed by the Additional Sessions Judge, Ujjain in Sessions Trial No.427/2016, whereby the appellant Pankaj has been convicted for the commission of offence punishable under Section 307 of IPC and sentenced to undergo seven years rigorous imprisonment with fine of Rs.5000/- and six months imprisonment with default stipulation.

2. Brief facts of the prosecution case are that on 02.6.2016, at around 11.00 in the morning the appellant Pankaj assaulted the complainant/injured Rajesh Yadav with knife causing injuries on his stomach. The Dehati Nalshi (Ex-P-1) was lodged by the Rajesh Yadav/complainant himself under Section 307 and 294 of IPC. The FIR (Ex-P-11) bearing crime No.340/2016 was subsequently lodged under the same sections. After completion of the investigation, charge-sheet was filed.

3. The trial Court, after considering the evidence adduced by the parties pronounced the impugned judgment dated 08.04.2022 and concluded that the appellant is liable to be convicted for the commission of the offence under Section 307 of IPC and sentenced him as stated hereinabove.

4. Counsel for the appellant submits that both the parties are neighbors and live in the same locality and have sorted out the matter and an application for compounding of the offence has also been filed but since the offence is non-compoundable, the appeal may be disposed of by reducing the sentence already suffered by the appellant.

5. It is also submitted that as per the sonography report (Ex- D-4), it is clearly mentioned that there is no internal injury and the injury is simple in nature and Dr. A.K.Jain (PW-7) has also opined that the injury could have been dangerous had it been inflicted on any internal organ of the complainant. Thus it is submitted that admittedly there was no serious injury suffered by the complainant and the appellant has already suffered 9 months in the jail.

6. Counsel appearing for the objector submitted that he has no objection if the application for compounding is allowed or the jail sentence of the appellant is reduced to the sentence already undergone.

7. Counsel for the respondent/State has opposed the prayer.

8. Having considered the rival submissions and perusal of the record including the evidence adduced by the prosecution, it is found that the incident has taken place on the petty issue of Rs.1000/- of the loan advanced by the complainant to the present appellant, who was asking for the said amount. The sonography report (Ex-D-4) also reveals that the injury was simple in nature and Dr. A.K.Jain (PW-7) has also opined that the injury could have been dangerous had it been inflicted on any vital organ of the complainant. Thus, there was no serious injury suffered by the complainant.

9. In view of the same, the appeal stands partly allowed and although the conviction of the appellant is hereby affirmed, however, his jail sentence is reduced to the period already undergone by him. The appellant is in jail, he be released forthwith, if not required in any other case, subject to deposition of the fine amount as already directed by the trial court.

10. A copy of this judgment be sent to the concerned trial Court for compliance.

(SUBODH ABHYANKAR) JUDGE das

Digitally signed by REENA PARTHO SARKAR Date: 2023.01.11 16:12:49 +05'30'