Madhya Pradesh High Court
Dhansingh 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. 1474 of 2016
BETWEEN:-
1. DHANSINGH S/O SHRI GULAB, AGED ABOUT 50
YEARS, OCCUPATION: AGRICULTURE R/O: GRAM
GADBADI POST MANPUR, DISTT. INDORE
(MADHYA PRADESH)
2. GYANSINGH S/O SHRI PRATAPSINGH, AGED
ABOUT 35 YEARS, OCCUPATION: BUSIENSS R/O:
GRAM GADBADI POST MANPUR DIST INDORE
(MADHYA PRADESH)
3. GOVIND S/O DHANSINGH, AGED ABOUT 32
YE A R S , OCCUPATION: TEACHER R / O : GRAM
GADBADI POST MANPUR DISTT INDORE
(MADHYA PRADESH)
4. OMPRAKASH S/O DHANSINGH, AGED ABOUT 32
YEARS, OCCUPATION: AGRICULTURE R/O: GRAM
GADBADI POST MANPUR DISTT INDORE
(MADHYA PRADESH)
5. DEVISINGH S/O DIVYA, AGED ABOUT 21 YEARS,
OCCUPATION: LABOUR R / O : GRAM GADBADI
POST MANPUR DISTT INDORE (MADHYA
PRADESH)
.....APPELLANTS
(SHRI G.P. SINGH, ADVOCATE)
AND
THE STATE OF MADHYA PRADESH STATION HOUSE
OFFICER THRU. P.S. MANPUR, DISTT. INDORE
(MADHYA PRADESH)
.....RESPONDENTS
(SHRI JAYESH YADAV- ADVOCATE FOR THE OBJECTOR).
SHRI RAJESH JOSHI - DEPUTY 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:
ORDER
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.248/2011 whereby the
appellants have been convicted for offence under Sections 325, 147, 325/149 of
IPC, 1860 and sentenced to undergo for one year and six months each under
Section 325/149 with fine of Rs.1000/- each with default stipulation except the
appellant Dhansingh who has been convicted under Section 325 & 147 of IPC.
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 Chunnilal sustained injuries. 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 325, 294, 506-B, 148, 325/149 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
Signature Not Verified
Signed by: AKANKSHA
LAHORIYA
Signing time: 7/3/2023
4:35:20 PM
they took a plea that they are innocent.
7. At the outset, learned counsel for the appellants submits that the
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 20.03.2023 has directed the parties to
appear before the Principal Registrar/OSD of this Court on 28.03.2023 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 28.03.2023 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 147 of IPC are non-compoundable.
13. As per the report of registry offence under Sections 325 of the IPC
is compoundable offences hence, looking to the fact that no public interest is
Signature Not Verified
Signed by: AKANKSHA
LAHORIYA
Signing time: 7/3/2023
4:35:20 PM
involved in this case and the compromise in the appeal has been filed by the
complainant which has duly been verified , the appellants are
discharged/acquitted from the charges under Section 325 of IPC.
14. Now, coming to the remaining offences punishable under Section 147
of the IPC. 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 147
of IPC.
15. However, Learned Govt. Advocate has also opposed the
compromise by submitting that the offences are serious in nature.
16. In view of the factual matrix of the case after considering the
arguments of both parties the conviction regarding Section 147 is found
affirmed hence, warrants no interference.
17. Looking to the fact that this case is related to the incident happened
during the course of panchayat election on 24.01.2010, approximately 13 years
ago and both the parties have amicably settled their mater, therefore no jail
sentence is furher required and the interest of justice would be served if the
appellants be punished only by fine of Rs.1000/- each under Section 147 of
IPC instead of Rs.500/- each.
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. Thereby the sentence
Signature Not Verified
Signed by: AKANKSHA
LAHORIYA
Signing time: 7/3/2023
4:35:20 PM
and punishment under Section 325 of IPC is set aside and punishment and
conviction regarding the offence under Section 147 of IPC is modified to the
extent of only fine of Rs.1000/- each. The fine amount, if previously deposited
by the appellants, shall be adjusted.
19. Their bail bonds stands discharged.
20. 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
