Santosh Raikwar vs The State Of Madhya Pradesh
2024 Latest Caselaw 4364 MP

Madhya Pradesh High Court

Santosh Raikwar vs The State Of Madhya Pradesh on 15 February, 2024

                                                             1
                               IN THE HIGH COURT OF MADHYA PRADESH
                                           AT JABALPUR
                                                    BEFORE
                                   HON'BLE SHRI JUSTICE RAJENDRA KUMAR VANI
                                             ON THE 15 th OF FEBRUARY, 2024
                                            CRIMINAL APPEAL No. 1094 of 2009

                          BETWEEN:-
                          SANTOSH RAIKWAR, S/O RAMLAL, AGED ABOUT 23
                          YEAR S, R/O PIPARIYA, THANA GULGANJ, DISTRICT
                          CHHATARPUR (MADHYA PRADESH)

                                                                                         .....APPELLANT
                          (BY SHRI S.N. PANDEY - AMICUS CURIAE)

                          AND
                          THE        STATE        OF   MADHYA  PRADESH THR:
                          P. S . G U L G A N J , THANA   GULGANJ,  DISTRICT
                          CHHATARPUR (MADHYA PRADESH)

                                                                                .....RESPONDENT/STATE
                          (BY SHRI NARENDRA LODHI - PANEL LAWYER)

                                Th is appeal coming on for hearing this day, t h e court passed the
                          following:
                                                            JUDGMENT

By the present appeal filed under Section 374(2) of the Code of Criminal

Procedure, the appellant has challenged the judgment of conviction and order of sentence passed by Special Judge Chhatarpur, in Special case No.112/2007 whereby the appellant has been convicted under Section 324 o f Indian Penal Code and sentenced to undergo R.I. for one year and fine of Rs.500/-, and in default, to further undergo R.I. 1 month.

2. As none appeared on behalf of the appellant, Shri S.N. Pandey, Advocate who is present in the Court, has been requested to assist the Court on behalf of

the appellant as amicus curiae.

3. The facts necessary for disposal of the present appeal in brief are that on 24.05.2007 at about 8:30 pm when complainant Sahab Singh was sitting in front of his house. At that time, appellant came there and on account of previous enmity started abusing him and assaulted with knife on his back.

4. Learned counsel for the appellant submitted that from the evidence on record, the appellant is entitled to be acquitted, alternatively, he submits that in fact and circumstances of the case, the sentence may be reduced to the period already undergone. He further submits that during the trial, the appellant remained in custody for 26 days. The incident is of the year 2007 since then the appellant is facing mental agony. At the time of incident, the appellant was of 23

years of age. He has no criminal antecedent. He is the first offender. As per the record, he never misused the conditions of bail. There was no mens ria behind the incident so a liberal view of the point of sentence be taken by the Court, so he prayed that the sentence be reduced to period already undergone.

5. Per contra, learned Panel Lawyer submitted that the findings of learned trial Court does not call for any interference. Court is at liberty to consider the matter on the point of sentence.

6. After considering the arguments of both the parties and after perusal of record, it appears that FIR was lodged at P.S.Gulganj District Chhatarpur on 24.05.2007 against the appellant which was registered as Crime No.70/2007 under Section 307 of IPC and 3(1)(x) of the SC/ST Act. After investigation, the charge sheet was filed.

7. Learned trial Judge after considering the statements of the witnesses by judgment dated 28.05.2009 convicted the appellant under Sections 324 of of IPC and sentenced 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 Section 324 of IPC is upheld.

8. However, looking to the facts that the incident is of the year 2007 since then the appellant is facing mental agony, the appellant remained in custody for 26 days. Appellant was of 23 years of age at the time of incident. The prosecution has not brought any past criminal antecedents of the appellant on record and there is no minimum sentence has been prescribed under Sections 324 of Indian Penal Code at that time, I deem it proper to reduce the jail sentence of the appellant to the extent of the period which he has already undergone.

9. Accordingly, the jail sentence is reduced to the period already undergone (26 days) by him and the sentence of fine amount is maintained. Order of the trial Court regarding disposal of the property is also maintained.

10. The appellant is on bail, his personal bond and bail bond be discharged. Accordingly the appeal is partly allowed.

9. Record of the trial Court be sent back along with copy of the judgment.

(RAJENDRA KUMAR VANI) JUDGE m/-