Madhya Pradesh High Court
Basant vs The State Of Madhya Pradesh on 12 February, 2024
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE RAJENDRA KUMAR VANI
ON THE 12 th OF FEBRUARY, 2024
CRIMINAL APPEAL No. 815 of 2009
BETWEEN:-
1. BASANT S/O LAKHANLAL MALVIYA, AGED
ABOUT 25 YEARS, VILL. DHAMANYA, PS
JHALLAR, (MADHYA PRADESH)
2. ALKHESH @ SATWANSH S/O LAKHANLAL
M A L V I Y A VILL.DHAMANYA,PS.JHALLAR
(MADHYA PRADESH)
3. SANTOSH S/O RAMRAHAN ARYA, AGED ABOUT 33
YEARS, VILL.DHAMANYA,PS.JHALLAR (MADHYA
PRADESH)
4. RAMCHARAN S/O RAMRATAN ARYA, AGED
ABOUT 36 YEARS, VILL.DHAMANYA,PS.JHALLAR
(MADHYA PRADESH)
5. KU.ALKA D/O LAKHANLAL MALAVIYA, AGED
ABOUT 20 YEARS, VILL.DHAMANYA,PS.JHALLAR
(MADHYA PRADESH)
6. MISHRA BAI W/O LAKHANLAL MALVIYA, AGED
ABOUT 45 YEARS, VILL.DHAMANYA,PS.JHALLAR
(MADHYA PRADESH)
....APPELLANTS
(BY SHRI P.N. VERMA - ADVOCATE AS AMICUS CURIAE)
AND
THE STATE OF MADHYA PRADESH THROUGH PS
JHALLAR DISTRICT BAITUL (MADHYA PRADESH)
.....RESPONDENT
(BY SHRI SOMESH GUPTA - PANEL LAWYER)
Signature Not Verified
Signed by: AKANKSHA
MAURYA
Signing time: 07-03-2024
18:19:24
2
Th is appeal coming on for hearing this day, t h e court passed the
following:
ORDER
By the present appeal filed under Section 374(2) of the Code of Criminal
Procedure, the appellants have challenged the judgment of conviction and order
of sentence passed by Special Judge SC/ST (Prevention of Atrocities) Act
Betul, in Special Case No. 81/2007 whereby the appellant Santosh has been
convicted u/S 323 of IPC and fine of Rs.200/- with default stipulation and
remaining appellants have been convicted under Sections 147 of Indian Penal
Code and sentenced to undergo RI for 1 day and fine of Rs.250/- each with
default clause and u/S 323/149 fine of Rs.200/- each with default stipulations.
2. The facts necessary for disposal of the present appeal in brief are that
on 25.06.2007 at about 8:00 A.M., when the complainant was doing agricultural
work with his wife then appellant Basant and Akhilesh arrived and threatened to
kill him and humiliate with caste with help of all other appellants.
3. Learned counsel for the appellants has submitted the accused persons
in a false case but there is no intention of the accused persons to insult the
complainant. It is not beyond doubt proved that the accused persons has
committed the said act with the intention to insult the complainant. There was
no mens rea behind the incident so a liberal view on the point of sentence be
taken by the Court, so he prayed that the sentence be reduced to period already
undergone.
4 . Per contra, the learned counsel appearing for the respondent/State
supported the judgment and submitted that the prosecution has duly proved the
incident and the learned sessions Court has rightly convicted the appellant under
Sections 323 and 147 and 323/149 of Indian Penal Code, he said that Court is
at liberty to consider the case on the point of sentence.
5. After considering the arguments of both the parties and after perusal of
record, it appears that FIR was lodged at P.S. Jhallar District Betul on
25.06.2007 against the appellants which was registered as Crime No.58/2007
under Sections 294, 323, 506 and 147 of IPC. After investigation, the charge
sheet was filed.
6. Learned trial Judge after considering the statements of the witnesses by
judgment dated 20/2/2009 convicted and sentenced the appellants as stated
herein above, however, the findings recorded by the learned Trial Judge are
based on due appreciation of evidence and do not require any interference. The
judgment of conviction under aforesaid Section against all appellants is upheld.
7. So far as the sentence part is concerned, it is worthy to mention that
offence is of the year 2007 since then the appellants are facing mental agony.
They have no criminal antecedent. They are the first offenders. They did not
misuse the liberty granted to them under the bail. So far as the appellant Santosh
is concerned he did not remained in custody therefore, having regard to the
facts and circumstances of the case, sentence u/S 323 for appellant Santosh is
set aside and the sentence of fine is maintained. Other appellants remained in
custody for 1 day, sentence of imprisonment awarded to them is reduced to the
period already undergone by them maintaining sentence of fine intact. Order of
Trial court regarding disposal of property, if any, shall remain intact.
7. The appellants are on bail, their personal bond and bail bond be
discharged. Accordingly the appeal is partly allowed.
8. Record of the trial Court be sent back along with copy of the judgment
(RAJENDRA KUMAR VANI)
JUDGE
Akm
