The State Of Madhya Pradesh vs Babulal
2023 Latest Caselaw 16073 MP

                                                              1
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                       BEFORE
                                           HON'BLE SHRI JUSTICE VIVEK RUSIA
                                                          &
                                           HON'BLE SHRI JUSTICE ANIL VERMA
                                             ON THE 27 th OF SEPTEMBER, 2023
                                             CRIMINAL APPEAL No. 7471 of 2023

                           BETWEEN:-
                           THE STATE OF MADHYA PRADESH STATION HOUSE
                           OFFICER THROUGH PS BAKALWADA (MADHYA
                           PRADESH)

                                                                                          .....APPELLANT
                           ( BY SHRI AMIT RAWAL- GA)

                           AND
                           BABULAL S/O MANGAT PATEL, AGED ABOUT 51 YEARS,
                           OCCUPATION: AGRICULTURIST GRAM REGWA THANA
                           BLAKWADA TEH KASRAWAD (MADHYA PRADESH)

                                                                                       .....RESPONDENTS
                           ( MS. SWATI SHARMA- ADVOCATE)

                                 This appeal coming on for admission this day, Justice Vivek Rusia
                           passed the following:
                                                              ORDER

This is an appeal filed by the State/appellant under section 377 of Cr.PC seeking enhancement of sentence.

2. Vide judgment dated 14/03/2023, learned A.S.J, West Nimad, Mandleshwar has convicted the respondent/accused under section 307 of IPC and sentenced to undergo five years R.I with fine of Rs. 25,000/-

3. As per the prosecution story, on 01/02/2021, complainant Anokchand @ Praveen (PW-1) lodged oral report that he is an agriculturist. On Signature Not Verified Signed by: AMOL NIVRUTTIRAO MAHANAG Signing time: 27-09-2023 18:20:12

01/02/2021 at near about 5.30 pm, he along with his elder brother Trilok were going to market on his motorcycle and all of a sudden, accused Babu @ Babulal came with stick in hand and started abusing Trilok. When he objected, the accused gave blow on his head and shoulder. Trilok started bleeding. The accused fled away from the spot. The incident was witnessed by local residents.

4. After undergoing entire trial, the respondent/accused has been convicted. He has filed Criminal Appeal no. 5804/2023

5. We have heard learned GA for the State/appellant and counsel for the respondent/accused

6. Admittedly, stick is not a lethal weapon and had there been any intention to kill or used sharped edged weapon or sharp cutting object. There was dispute of land between them. The respondent/accused is not habitual criminal. There is no other criminal record. Apart from the sentence as stated above, fine Rs.25,000/- has also been awarded payable to the injured (PW-2) under victim compensation scheme. No case is made out for interference by this Court in the impugned judgment.

7. In view of the aforesaid, present Criminal Appeal is hereby dismissed.

CC as per rules.

                             (VIVEK RUSIA)                                             (ANIL VERMA)
                                 JUDGE                                                    JUDGE


                           amol




Signature Not Verified
Signed by: AMOL
NIVRUTTIRAO MAHANAG
Signing time: 27-09-2023
18:20:12