Madhya Pradesh High Court
Suresh Sharma vs The State Of Madhya Pradesh on 9 August, 2024
Author: Vivek Rusia
Bench: Vivek Rusia
(1) CRR No.3487/2024
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE VIVEK RUSIA
ON THE 9th OF AUGUST, 2024
CRIMINAL REVISION No. 3487 of 2024
SURESH SHARMA AND OTHERS
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Narottam Sharma, learned counsel for the petitioners.
Shri Dinesh Savita learned Public Prosecutor for respondent/State.
ORDER
1. This Criminal Revision under Section 397/401 of Cr.P.C. has been filed
against the following judgments:-
i. The judgment dated 3/12/2021 passed by Chief Judicial
Magistrate, Guna in RCT No.2403565/2016; whereby, the
petitioners have been convicted under Section 324/34 (4
counts) of IPC and sentenced to undergo 6-6 months with a fine
of Rs.500-500/- for each count (In total Rs.2,000/- on each
petitioner) with one-one month default stipulation.
ii. The judgement dated 12/07/2024 passed by Second Additional
Sessions Judge, Guna whereby CRA No.168/2021 has been
dismissed.
2. The facts of the case, in short, are as under:-
(i) Complainant Umesh Singh Rajput along with injured Deepak
Shukla lodged an FIR at Police Station Cant Guna on
27/01/2016 to the effect that today near about 7:00 p.m., he was
going to market on his motorcycle and near Hanuman Mandir,
present petitioners namely Suresh Sharma and his son Mohit
Sharma were playing badminton. The Badminton bat of Mohit
Sharma hit his motorcycle due to which Mohit started abusing
him by filthy language. Thereafter, they assaulted him by
means of a stick and lohangi. In order to save him, Dipika
Shukla, Babita Shukla & Seeta Shukla came and they were also
assaulted by Lohangi and Lathi. The FIR was registered under
Sections 307, 341, 294, 324, 323 & 506B/34 of IPC against
Mohit Sharma and Suresh Sharma.
(ii) The investigation was set into motion. The spot map was
prepared. The blood-stained and plain soils were seized from
the spot. Accused persons were arrested and on their disclosure,
lathi and lohangi were seized from the disclosed locations. The
statements of witnesses were recorded and after completing the
investigation, a charge sheet was filed against the petitioners
and Vimala alias Vimlesh Sharma (wife of the petitioner-
Suresh Sharma).
(iii) Learned Chief Judicial Magistrate, Guna framed the charges
under Sections 341, 294, 324/34 (four counts) 506 Part-II IPC.
The petitioners denied the charges and pleaded for trial.
(iv) The prosecution examined as many as 10 witnesses and in
defence, the petitioners did not examine anyone. On the basis of
oral as well as documentary evidence, the learned Chief Judicial
Magistrate, Guna has convicted these two petitioners namely
Suresh Sharma & Mohit Sharma under Sections 341, 294,
324/34 (four counts) 506 Part-II IPC and acquitted Vimla alias
Vimlesh Sharma.
(v) Being aggrieved by the aforesaid judgment, the petitioners
preferred Criminal Appeal No.168/2021 which was dismissed
by Second Additional Sessions Judge, Guna vide judgment
dated 12/07/2024. Hence, this Criminal Revision is before this
Court.
3. Learned counsel for petitioners submits that the injured sustained the
injuries as they were travelling in the auto which met with the accident.
The Doctor has admitted in his cross-examination that these injuries
could have been caused due to an accident. It is further submitted that
Ku. Babita Shukla (PW-1) in her cross-examination admitted that there
was a previous animosity between them and the counter-cases are
registered against them. Therefore, these petitioners have been falsely
implicated in this case. They have been in jail for more than four months
out of six months. Therefore, the period of custody may kindly be
reduced to the period already undergone by them as they are the first
offenders, if this Court is not inclined to interfere with the impugned
judgment on merits.
4. On the other hand, the learned Public Prosecutor for the respondent/State
opposed the prayer made by the petitioners and submitted that the trial
Court has rightly convicted the petitioners for the offences referred
above and rightly confirmed by the Sessions Court. Thus, prayed for the
dismissal of the instant Criminal Revision.
5. Heard learned counsel for the parties and perused the record of the
Courts below.
6. The incident took place at about 7:00 p.m. on 27/01/2016 and
immediately within 20 minutes, the injured reached the Police Station
and lodged the report against these two petitioners; therefore, there is no
delay in lodging the FIR. Immediately the injured were referred to the
Government Hospital where they were medically examined. There was
bleeding from the injuries. The incident occurred in front of the
petitioner - Suresh Sharma's house where he was playing badminton with
his son. No evidence has been led in respect of the previous animosity.
Looking at the MLC and the deposition of the Doctor, these injuries
were caused by hard and blunt objects. Both the Courts below after duly
considering the oral as well as documentary evidence, convicted and
sentenced the present petitioners as aforesaid. In the limited scope of
Criminal Revision, I do not find any ground to interfere. Looking at the
nature of the injuries and the assault on the ladies by these two
petitioners, the minimum sentence of six months has been awarded to the
accused hence there is no scope for further reduction in the sentence and
fine as well.
7. Accordingly, the Criminal Revision is hereby dismissed.
(VIVEK RUSIA)
JUDGE
(Dubey)
