Madhya Pradesh High Court
Vijay vs The State Of M.P. on 7 February, 2024
Author: Vijay Kumar Shukla
Bench: Vijay Kumar Shukla
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
ON THE 7TH OF FEBRUARY, 2024
CRIMINAL APPEAL No. 343 of 1999
BETWEEN:-
1. VIJAY S/O MEHTAB, AGED 19 YARS, OCCUPATION
SERVICE, R/O SANJAY GANDHI NAGAR, INDORE
(MADHYA PRADESH)
2. MANOJ S/O BHAIRO AHIRWAR, AGED 18 YEARS,
OCCUPATION SERVICE, R/O SANJAY GANDHI
NAGAR, INDORE (MADHYA PRADESH)
.....APPELLANTS
(NONE FOR APPELLANTS)
AND
THE STATE OF M.P. THROUGH POLICE STATION MIG,
INDORE (MADHYA PRADESH)
.....RESPONDENT
(BY SHRI TARUN PAGARE - G.A.)
This appeal coming on for this day, the court passed the following:
JUDGMENT
The matter is being listed for final hearing for last more than 1 month.
Nobody is appearing for appellant. The appeal is of the year 1998.
Considering the same, the appeal is heard on merits.
The present appeal under section 374 Cr.P.C. is arising out of judgment
o f conviction and sentence dated 19.11.1998 passed by 13th ASJ, Indore in
S.T.No. 292/1997 whereby the appellants have been convicted under section
307/34 of IPC and sentenced to undergo 7 years RI with fine of Rs.1000/- each
with default stipulation.
Signing time: 2/8/2024 5:33:32
2 . As per prosecution case, on 18.4.1997 at about 10 a.m. when
complainant Kailash (PW-9), his brother Guddu (PW-11) and friend Vinod
(PW-5) were taking water from public water handpump, Appellants Vijay and
Manoj came and caught hold Kailash while the co-accused Mehtab and
Ghanshyam caused injuries with knives. When Guddu (PW-11) tried to defend
Kailash, appellants caused injuries to him with knives. Kailash was taken to
M.Y. Hospital and Dehati Nalishi was recorded. Kailash and Guddu both were
medically examined.
3. As per testimony of Kailash ( PW-9), when he was fetching water from
handpump near his field, all accused persons came. They started throwing
bricks. Appellants caught hold Kailash. Co-convict Ghanshyam and Mehtab
were armed with Katar (sharp edged weapon) and knife and they caused injuries
on head, leg, forehead and on backside of Kailash. From the testimony of PW-
9, Kailash which is well corroborated by the medical evidence, it is evident that
appellants and other co-accused persons in furtherance of common intention
committed the offence. Appellants caught hold the victim Kailash and other co-
accused inflicted injuries. Thus, appellants have played active role in
commission of the offence, therefore, the trial court has rightly convicted the
appellants under the aforementioned section with the aid of section 34 IPC.
4 . In view of aforesaid, this Court does not find any illegality in the
judgment of conviction and sentence. The appeal preferred by appellants is
dismissed.
The bail bond of the appellants, if any, shall be forfeited. Trial court shall
take steps to arrest the appellants to serve the remaining jail sentence.
Signing time: 2/8/2024 5:33:32
(VIJAY KUMAR SHUKLA)
JUDGE
MK
Signing time: 2/8/2024 5:33:32
