Madhya Pradesh High Court
Ashok vs The State Of Madhya Pradesh on 6 October, 2023
Author: Anuradha Shukla
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SMT. JUSTICE ANURADHA SHUKLA
ON THE 6 th OF OCTOBER, 2023
CRIMINAL APPEAL No. 3524 of 2022
BETWEEN:-
1. ASHOK S/O GYADEEN SHARMA, AGED ABOUT 33
YEAR S , OCCUPATION: LABOUR R/O VILLAGE
KUMI POLICE STATION HATTA DISTRICT DAMOH
(MADHYA PRADESH)
2. HITTU @HETRAM S/O KANHAIYALAL SHARMA,
AGED ABOUT 49 YEARS, OCCUPATION: LABOUR
R/O VILLAGE KUMI, P.S. HATTA, DISTRICT
DAMOH (MADHYA PRADESH)
3. GOVINDI @ GOVIND S/O KANHAIYALAL
SHARMA, AGED ABOUT 53 YEARS, OCCUPATION:
LABOUR R/O VILLAGE KUMI, P.S. HATTA,
DISTRICT DAMOH (MADHYA PRADESH)
4. RAHUL S/O HITTU @ HETRAM SHARMA, AGED
ABOUT 29 YEARS, OCCUPATION: LABOUR R/O
VILLAGE KUMI, P.S. HATTA, DISTRICT DAMOH
(MADHYA PRADESH)
.....APPELLANTS
(BY SHRI MANISH DATT - SENIOR ADVOCATE WITH SHRI H. A. SAIFY -
ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH POLICE
STATION HATTA DISTRICT DAMOH (MADHYA
PRADESH)
.....RESPONDENT
(BY SHRI S. P. CHADHAR - GOVERNMENT ADVOCATE)
Reserved on : 05.10.2023.
Pronounced on : 06.10.2023.
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Signature Not Verified
Signed by: POONAM
MANEKAR
Signing time: 10/7/2023
5:13:16 PM
2
This appeal having been heard and reserved for judgment, coming on
for pronouncement this day, the court passed the following:
JUDGMENT
This appeal has been preferred against the judgment passed on
08.04.2022 by Second Additional Sessions Judge, Hatta, District Damoh in
S.T. No.100249/2016 whereby the appellants have been convicted for the
offence of Sections 148, 323/149 and 325/149 of IPC and have been sentenced
to undergo R.I. for 3 years, 1 year and 5 years respectively and fine amount of
Rs.1,000/- with a default clause to undergo 1 month additional R.I. under each
head of conviction.
2. The brief facts of the prosecution case are that the brother of
complainant-Rajju Patel namely Ramesh Kachhi @ Lottan had gone to village
Lohari along with Brijesh Maharaj and when he was returning therefrom at
around 9:00 pm, he was attacked by appellants. The appellants were carrying
lathis and kulhadi and hurling obscene abuses. In this attack all the appellants
were acting in furtherance of common object along with deceased Gutti @
Murari s/o Kanhaiyalal and they caused injuries to Lottan. The wife of Lottan,
who tried to intervene, was also attacked and was caused injuries. The matter
was reported to the police, whereupon a case of Sections 147, 148, 323, 249
and 307 of IPC was registered at crime No.81/2016. On receipt of medical
report, the offence of Section 325 of IPC was added and charge-sheet was
filed. After conclusion of the trial, the appellants, were acquitted of the offence
under Sections 294 and 307/149 of IPC and were convicted and sentenced as
aforesaid.
3. In this appeal, the impugned judgment was assailed on merits claiming
that it was not sustainable in law, as it is based upon perverse appreciation of
Signature Not Verified
Signed by: POONAM
MANEKAR
Signing time: 10/7/2023
5:13:16 PM
facts and evidence. During pendency of this appeal an application under
Section 320(2) r/w (5) of Cr.P.C. was filed on behalf of injured Ramesh Kachhi
@ Lottan which was sent to Registrar (J-II) for verification. He recorded the
statements of injured Ramesh Kachhi @ Lottan.
4. It may be mentioned here that the appellants constituted unlawful
assembly to cause injury to victim Ramesh Kachhi @ Lottan. They did not have
any common object to cause injuries to his wife Krishna Bai. From the
statements of Krishna Bai (PW-5), it is evident that after hearing the screams,
she rushed to the spot and tried to intervene and sustained injuries in this
course. Thus, the offence of Section 148 of IPC was proved in reference to the
common object to cause injuries to victim Ramesh Kachhi @ Lottan.
5. On the basis of verification of facts mentioned in compromise
application and facts disclosed in his statements, the report dated 22.09.2023
was prepared by Registrar (J-II), in which he has given the opinion that the
victim Ramesh Kachhi @ Lottan has entered into compromise on his free will
and volition and without any threat and inducement or pressure to settle his
dispute with appellants. It is further observed that the matter stands fully and
finally settled between the victim Ramesh Kachhi @ Lottan and appellants.
6. In the light of this fact that a compromise has been reached between
the victim Ramesh Kachhi @ Lottan and appellants, this appeal deserves to be
allowed against that part of the judgment which relates to the commission of
offence of Sections 148 and 325/149 of IPC. Accordingly, the appellants are
acquitted of the offence of Sections 148 and 325/149 of IPC.
7. The appellants have also been convicted for the offence of Section
323/149 of IPC. Although, there are applications placed on record regarding
compromise entered into by another victim namely Krishna Bai with the
Signature Not Verified
Signed by: POONAM
MANEKAR
Signing time: 10/7/2023
5:13:16 PM
appellants. Krishna Bai was the victim who had sustained injuries in the incident
and for this victim, appellants were convicted under Section 323/149 of IPC,
but it has been argued by the learned counsel for the appellants that a sentence
of 1 year imprisonment and a fine of Rs.1,000/- was passed for the offence of
Section 323/149 of IPC and that part of the sentence has already been
undergone by the appellants. For this the learned counsel for the appellants has
not pressed upon that part of appeal in which the finding of conviction passed
by the learned trial Court for the offence of Section 323/149 of IPC has been
challenged. Since the sentence of imprisonment has already been suffered by
the appellants and they are not assailing the finding of conviction, hence, this
Court finds no reason to interfere in the finding and sentence passed under the
impugned judgment regarding the commission of offence of Section 323/149 of
IPC.
8. In the light of above discussion, this appeal is partially allowed and the
appellants are acquitted of the offence of Sections 148 and 325/149 of IPC in
the wake of compromise arrived at between the injured Ramesh Kachhi @
Lottan and appellants while their conviction under Section 323/149 of IPC is
upheld. The fine amount deposited by appellants against their conviction for the
offence of Sections 148 and 325/149 of IPC be returned to them. The
appellants have already suffered the sentence of imprisonment awarded for the
offence of Section 323/149 of IPC, hence, it is ordered that they be released
forthwith from custody.
9. The fine amount for that offence i.e. under Section 323/149 of IPC, if
not deposited yet by the appellants, shall be deposited within a period of 15
days from the day of this judgment. In case, they fail to deposit the fine amount
Signature Not Verified
Signed by: POONAM
MANEKAR
Signing time: 10/7/2023
5:13:16 PM
within stipulated time, they shall further undergo S.I. for 15 days.
10. Let a copy of this judgment be sent to trial Court, Hatta, District
Damoh for necessary compliance and information.
(ANURADHA SHUKLA)
JUDGE
pnm
Signature Not Verified
Signed by: POONAM
MANEKAR
Signing time: 10/7/2023
5:13:16 PM
