Madhya Pradesh High Court
Chunnilal vs The State Of Madhya Pradesh on 30 June, 2023
Author: Prem Narayan Singh
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PREM NARAYAN SINGH
ON THE 30 th OF JUNE, 2023
CRIMINAL APPEAL No. 1448 of 2016
BETWEEN:-
1. CHUNNILAL S/O LAXMAN, AGED ABOUT 51
YEAR S, OCCUPATION: AGRICULTURE VILLAGE
KODIYA INDORE (MADHYA PRADESH)
2. ANIL S/O KALIYAN JAT, AGED ABOUT 38 YEARS,
OCCUPATION: AGRICULTURE VILL KODIYA
INDORE (MADHYA PRADESH)
3. RAMESH JAT S/O KALU JI JAT, AGED ABOUT 58
Y E A R S , OCCUPATION: AGRICULTURE VILL
KODIYA INDORE (MADHYA PRADESH)
4. PREMSINGH S/O GHISALAL JAT, AGED ABOUT 36
Y E A R S , OCCUPATION: AGRICULTURE VILL
KODIYA INDORE (MADHYA PRADESH)
5. JITENDRA S/O RAMESH, AGED ABOUT 29 YEARS,
OCCUPATION: AGRICULTURE VILL KODIYA
INDORE (MADHYA PRADESH)
6. SUNIL S/O KALIYAN JAT, AGED ABOUT 41 YEARS,
OCCUPATION: AGRICULTURE VILL KODIYA
INDORE (MADHYA PRADESH)
.....APPELLANTS
(SHRI JAYESH YADAV- ADVOCATE FOR THE APPELLANTS)
AND
THE STATE OF MADHYA PRADESH STATION HOUSE
OFFICER THROUGH PS MANPUR (MADHYA PRADESH)
.....RESPONDENTS
(SHRI APOORV JOSHI- ADVOCATE FOR THE OBJECTOR).
(SHRI RAJESH JOSHI - GOVT. ADVOCATE FOR THE
RESPONDENT/STATE).
Signature Not Verified
Signed by: AKANKSHA
LAHORIYA
Signing time: 7/3/2023
4:35:20 PM
2
T h is appeal coming on for orders this day, t h e cou rt passed the
following:
JUDGMENT
1. On the request of both the parties the matter has been heard finally
since the parties have settled the matter mutually and filed applications for
compromise which has been duly verified by the registry.
2. This criminal appeal is preferred under section 374 of Cr.P.C. by the
appellants being aggrieved by the judgment dated 14.10.2016 passed by Special
Judge (SC/ST[PA] Act), District Indore in S.T. No.59/2010 whereby the
appellants have been convicted for offence under Sections 147, 323, 325/149,
332/149 of IPC, 1860.
3. As per prosecution story allegation against the appellants is that they
hurled abuses in relation to caste of complainants and assaulted them with
stones, due to which Babulal sustained fracture in medieval bone. Further
allegation is that they threatened to kill the complainants. On the basis of which
FIR was registered against the accused persons for the aforesaid offence.
4. During investigation, spot map was prepared, seized articles were sent
to the Forensic Laboratory and thereafter recording the statements of the
witnesses the matter was committed to the Court of Sessions Judge, Indore.
5. The prosecution has examined as many as 14 witnesses.
6. The appellants were tried and charged under Sections or offence under
Sections 147, 323, 325/149, 332/149 of IPC, 1860. The learned trial Court, after
considering the evidence and material available on record, has convicted the
appellants, as stated above. The appellants/accused abjured their guilt and they
took a plea that they are innocent.
7. At the outset, learned counsel for the appellants submits that the
Signature Not Verified
Signed by: AKANKSHA
LAHORIYA
Signing time: 7/3/2023
4:35:20 PM
appellants are not challenging the conviction and only submits that the
appellants and the complainant party have compromised the case and prays for
acquittal of the appellants on the basis of compromise. Hence, the appellants
may acquitted from the said charge.
8. Learned Public Prosecutor has opposed the prayer by supporting the
impugned judgment and order of the trial Court and, therefore, prays for
dismissal of the criminal appeal.
9. Learned counsel for the respondent/ complainant has submitted that a
compromise has been taken place between the parties and he has no objection if
the appeal is allowed and appellants is acquitted.
10. I have considered the submissions made by the learned counsel for
the parties and perused the record.
11. This Court vide order dated 09.05.2023 has directed the parties to
appear before the Principal Registrar/OSD of this Court on 12.05.2023 for
verification of compromise. Complete record of the case was sent to the
Principal Registrar for verification of the compromise. The parties appeared
before the Principal Registrar. On verification, the Principal Registrar vide order
dated 11.05.2023 has certified that both the parties have entered into a
compromise voluntarily without any threat, inducement and coercion.
12. According to the report received from the Principal Registrar, the
parties have amicably resolved their disputes and mentioned that the offence
under Section 332 & 149 of IPC are non-compoundable.
13. As per the report of registry offence under Sections 325 and 323 of
the Cr.P.C are compoundable offences hence, looking to the fact that no public
interest is involved in this case and the compromise in the appeal has been filed
b y the complainant which has duly been verified , the appellants are
Signature Not Verified
Signed by: AKANKSHA
LAHORIYA
Signing time: 7/3/2023
4:35:20 PM
discharged/acquitted from the charges under Section 323 and 325 read with
14. Now, coming to the remaining offences punishable under Section 332
read with 149 and Section 147 of the Cr.P.C. With regard to these offences on
request of both the parties, the matter has been heard finally. So far as the
finding regarding conviction is concerned there is ample evidence regarding
conviction, are available on record and appellants are also not challenging the
finding/Conviction under Section 332 and 147 of IPC.
15. However, Learned Govt. Advocate has also contended that since the
complainant was a 'Chowkidar' (public servant) hence, offences under Section
332 is also proved.
16. In view of the factual matrix of the case after considering the
arguments of both parties the conviction regarding 332 read with 149 is found
affirmed hence, warrants no interference.
17. It is marked that appellants have suffered custody from 14.03.2010 to
17.03.2010 hence, further sentencing is not required. The matter is also related
to the incident happened during the course of Panchayat Election on 24.01.2010
approximately 13 years ago.
18. After taking into consideration the aforesaid facts and circumstances
of the case and after considering the factum of compromise arrived at between
the parties and the fact that the same has been verified, in the considered
opinion of this Court, the appeal is liable to be and is hereby allowed partly on
the basis of compromise arrived at between the parties. The judgment of the
learned trial Court is hereby upheld qua the conviction and the sentence of
appellants is reduced to the sentence already undergone on the basis of
Signature Not Verified
Signed by: AKANKSHA
LAHORIYA
Signing time: 7/3/2023
4:35:20 PM
compromise arrived at between the parties.
19. It is directed that all appellants should be punished to the period
already undergone by enhancing the fine to Rs.1,000/- under Section 147
instead of Rs.5,00/- in lieu of imprisonment with fine and under Section 332
read with 149 is enhanced to Rs.5,000/- instead of Rs.5,00/-.
20. It is further directed that appellants shall deposit the enhanced fine
amount with a period of 15 days from today, in case of failure, they shall
undergo the actual jail sentence so awarded by the learned trial Court. The
amount of fine, if deposited previously, shall be adjusted.
Their bail bonds stands discharged.
A copy of this order be sent to the trial Court concerned for necessary
information/compliance.
Certified Copy, as per rules.
(PREM NARAYAN SINGH)
JUDGE
akanksha
Signature Not Verified
Signed by: AKANKSHA
LAHORIYA
Signing time: 7/3/2023
4:35:20 PM
