Madhya Pradesh High Court
Devi Prasad vs Stae Of Madhya Pradesh on 11 October, 2023
Author: Anuradha Shukla
1
IN THE HIGH COURT OF MADHYA PRADES
H
AT JABALPUR
BEFORE
HON'BLE SMT. JUSTICE ANURADHA SHUKLA
CRIMINAL APPEAL No. 4789 of 2023
BETWEEN:-
1. DEVI PRASAD S/O HALKU PRASAD
RAJAK, AGED ABOUT 43 YEARS,
OCCUPATION: AGRICULTURIST
R/O VILL. PIPRODHA CHAKKA
PATHARIYA POLICE STATION
PATHARIYA DISTRICT DAMOH M.P.
(MADHYA PRADESH)
2. MADAN S/O HALKU PRASAD, AGED
ABOUT 30 YEARS, R/O VILLAGE
PIPRODHA CHAKKA PATHARIYA
POLICE STATION PATHARIYA
DISTRICT DAMOH (MADHYA
PRADESH)
3. MAHESH S/O HALKU RAJAK, AGED
ABOUT 45 YEARS, OCCUPATION:
AGRICULTURIST R/O VILLAGE
PIPRODHA CHAKKA PATHARIYA
POLICE STATION PATHARIYA
DISTRICT DAMOH (MADHYA
PRADESH)
.....APPELLANT
(BY SHRI MANISH AWASTHI - ADVOCATE )
AND
STAE OF MADHYA PRADESH THR. ITS
POLICE STATION PATHARIYA DISTRICT
DAMOH M.P. (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI SANDEEP DUBEY- PANEL LAWYER )
Reserved on : 7.10.2023
Pronounced on :11.10.2023.
Signature Not Verified
Signed by: DEVESH K
SHRIVASTAVA
Signing time: 11-Oct-23
4:15:41 PM
2
This appeal having been heard and reserved for judgment, coming on
for pronouncement this day, the court passed the following:
JUDGMENT
1. This appeal has been preferred against the judgement passed dated
17.03.2023 in ST No. 07/2019 by the learned III Additional Sessions
Judge, Damoh under which the appellants were convicted for the
offence under section 294, 323 and 506 part-II and 307/34 and were
sentenced to RI for 3 months, 1 year, 2 years and 10 years respectively
with fine of Rs.100/-, 500/-, 1000/-, 5000/- respectively with default
stipulations.
2. The brief facts of the prosecution's case are that on the date of
incident i.e. 02.10.2018 at around 5:30 p.m. complainant Ram Prasad
and Harshit were on the mud bound of their agriculture field and were
cutting the grass there. The appellants arrived there and asked them not
to cut the grass which was resented by the complainant by claiming that
that the mudbound belonged to him to which appellant No.1 replied by
saying that the mud bound belonged to him hence no grass could becut
therefrom. When the complainant insisted upon his right to cut the
grass, the appellant No.1 Devi Prasad reacted to it and caused injury on
both the hands of the son of complainant i.e Harshit with an axe.
Appellant No.2 and 3 too caused injuries to Harshit with danda. Harshit
became unconscious and fell down. The complainant tried to intervene
but he too was assaulted by the appellant No.1 with an axe causing
injuries in his elbow. Sunil Raikwar and Mathura Namdeo reached
there. On seeing them all the three appellants fled away after giving
threats of life. On the basis of this, Crime No. 634/2018 was registered
and the matter was investigated. After submission of charge sheet, the
Signature Not Verified
Signed by: DEVESH K
SHRIVASTAVA
Signing time: 11-Oct-23
4:15:41 PM
case went to trial and was finally disposed of with the aforesaid finding
and sentence.
3. The impugned judgement has been assailed on merits in this case
but during the pendency of this appeal an application under section
320(2) CRPC for grant of permission to compound the case was moved
by the complainant Krishna Prasad Tiwari and Harshit along with an
application for compromise. Both these applications were sent to
Register (Judicial-II) with the direction to verify the compromise.
Report dated 15.09.2023 has been received from that end.
4. The verification report submitted by the Registrar (Judicial-II)
reveals that compromise has been arrived at between the parties on their
free will or without exercise of any coercion or inducement. It is
mentioned that amicable settlement has been reached between them and
now dispute stands fully and finally settled. The verification report
establishes the fact that dispute has been finally settled between the
parties.
5. In the light of voluntary compromise between the parties the
appellants are acquitted of the offence of Section 294, 323, 506 Part-II
IPC which are compoundable in nature.
6. The question that arises for decision is whether permission to
compromise can be granted for offence of Section 307 of IPC, which is
a non-compoundable in nature. On this aspect, the legal position is
settled by the decisions of Hon'ble Supreme Court that inherent powers
of Section 482 Cr.P.C. can be exercised concurrently with the appellate
and revisional jurisdiction and that while hearing the appeal against
conviction under an offence which is of non-compoundable nature, the
High Court may not be competent to permit compounding of the
offence, but High Court may quash the proceedings in such cases. For
this, decision in Popular Muthiah Vs. State represented by Inspector
Signature Not Verified
Signed by: DEVESH K
SHRIVASTAVA
Signing time: 11-Oct-23
4:15:41 PM
of Police reported in 2006 (7) SC 296 and Shiji @ Pappu & others Vs.
Radhika & anr. reported in (2011) 100 SCC 705 (Criminal Appeal
No.2094/2011) can be referred to.
7. It has also been held in case of Shiji (supra) that the inherent
powers under Section 482 of Cr.P.C. have to be exercised with utmost
care and caution and only sparingly for securing the ends of justice.
Although, the facts of the case disclose that the appellants were
convicted for the offence under Section 307/34 IPC, it is evident from
the record of the trial Court that the MLC of Harshit Tiwari in respect of
whom the offence of Section 307 IPC has been found to be proved does
not indicate which of the injuries caused to him were dangerous to life.
This MLC is also non speaking about the dimensions of the injuries and
the part of the body on which these injuries were found. In the MLC
report the doctor has adviced x-ray of whole body but there is no x-ray
report which suggests that any of the injury caused to the victim Harshit
was of grievous nature. Having considered the medical evidence placed
on the record of trial Court this Court considers it appropriate to
exercise its inherent powers under Section 482 Cr.P.C.
Parties have amicably settled the matter between them. It can be
apprehended that if the dispute is allowed to linger on between them, it
would disturb their harmonious relationship and may become the cause
of further rift. Looking to the nature of dispute, it is deemed appropriate
to invoke the inherent powers under Section 482 of Cr.P.C. here.
Accordingly, the conviction under 307/34 of IPC is hereby quashed.
8. Accordingly, in the light of compromise and under the inherent
powers exercised by this Court by setting aside the impugned judgment
of conviction and sentence, the appellants are acquitted of the charges of
Sections 294, 323, 506 part - II & 307/34 of IPC. They are on bail, their
Signature Not Verified
Signed by: DEVESH K
SHRIVASTAVA
Signing time: 11-Oct-23
4:15:41 PM
bail bonds shall stand discharged forthwith. Fine amount, if any, paid by
them shall be refunded to them.
9. Accordingly, this criminal appeal stands allowed and disposed of.
(ANURADHA SHUKLA)
JUDGE
DevS
Signature Not Verified
Signed by: DEVESH K
SHRIVASTAVA
Signing time: 11-Oct-23
4:15:41 PM
