Madhya Pradesh High Court
Vikram Patel vs The State Of Madhya Pradesh on 5 February, 2024
Author: Hirdesh
Bench: Hirdesh
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE HIRDESH
ON THE 5 th OF FEBRUARY, 2024
CRIMINAL APPEAL No. 942 of 2010
BETWEEN:-
VIKRAM PATEL S/O PANJURAJ PATEL, AGED ABOUT 46
Y E A R S , OCCUPATION: LABOUR
GRAM.PIPALIYAKUMAR TEHSIL AND DISTRICT-
INDORE (MADHYA PRADESH)
.....APPELLANT
(SHRI HARISH GILKE, LEARNED COUNSEL FOR THE APPELLANT)
AND
THE STATE OF MADHYA PRADESH GOVT. THRU.PULIS
LASURIYA INDORE (MADHYA PRADESH)
.....RESPONDENT
(SHRI MAYANK MISHRA, LEARNED PANEL LAWYER FOR THE
RESPONDENT/STATE)
This appeal coming on for admission this day, th e court passed the
following:
JUDGMENT
Appellant has filed this appeal under Section 374 of the Code of Criminal
Procedure against the judgment dated 23.07.2010 passed by 20th Additional
Sessions Judge, Indore in Sessions Trial No.1268/2009, whereby trial Court has
convicted the appellant under Section 323 of IPC and sentenced him to
undergo one year R.I. with fine of Rs.1000/- and in default of payment of fine,
further RI for 3 months.
2. Prosecution story in brief is that on 09.11.2008, complainant-Jagannath
lodged a report at police station-Lasudiya stating that he does the work of
grazing buffalos and today when he took the buffalos for grazing at
Mahalakshmi Nagar, Indor, the accused- Vikram came with his buffalos at the
same place and started abusing him on the point of grazing buffalos and caused
injuries to the complainant on his back side, on head and right hand by beating
him with sticks.
3. In trial, trial Court framed charges against the appellant which were denied
by the appellants. After trial, appellant was found guilty and he was convicted
and sentenced as indicated herein above. Appellant has filed this appeal being
aggrieved by impugned judgment and submitted that trial Court erred in law and
fact in convicting the appellant under above sections when there is no evidence
available on record to prove the offence. He has further submitted that there are
so many contradictions and omissions in the evidence of prosecution
witnesses, therefore, their evidence should not be believed. So on all these
grounds, he prays that the conviction and sentence passed against the appellant
be set aside and he be acquitted from the charges.
4. Per contra, learned counsel for the State supported the judgment and
prayed for rejection of the appeal.
5. Heard learned counsel for the parties and perused the record.
6. After considering the statements of prosecution witnesses, it is found that
they are intact in their cross-examination and there is no reason to disbelieve their
evidence so in the considered opinion of this Court, trial court has not committed
any error in holding the appellant guilty under Section 323 of IPC, therefore,
conviction under Section 323 of IPC is upheld.
7. So far as the sentence is concerned, looking to the facts and circumstances of
the case and taking into account the fact that the incident is of the year 09.11.2008
and appellant is facing trial since then and the trial court has also not given harsh
punishment, hence, in the opinion of this Court, there is no need to sentence the
appellant any more under Section 323 of IPC.
8. Keeping in view the facts and circumstances of the case, the sentence of
imprisonment of appellant for offence under Section 323 of IPC is set aside and
fine amount awarded by the trial court is upheld. Hence, the appellant is
sentenced only to pay the fine amount which he has already deposited.
9. Accordingly, appeal stands partly allowed to the extent indicated above.
Let a copy of this judgment be sent to the concerned trial Court.
(HIRDESH)
JUDGE
N.R.
