Madhya Pradesh High Court
Ajay vs The State Of Madhya Pradesh on 21 February, 2024
Author: Prem Narayan Singh
Bench: Prem Narayan Singh
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PREM NARAYAN SINGH
ON THE 21 st OF FEBRUARY, 2024
CRIMINAL APPEAL No. 9418 of 2019
BETWEEN:-
1. AJAY S/O SHRI JALIM SINGH SOLANKI, AGED
ABOUT 21 YEARS, OCCUPATION: DRIVER GRAM
BASVI, TEHSIL RAJPUR (MADHYA PRADESH)
2. SITARAM S/O SHRI MANGAT SOLANKI, AGED
ABOUT 42 YEARS, OCCUPATION: AGRICULTURE
R/O: GRAM BASVI , TEH. RAJPUR, DIST. BADWANI
(MADHYA PRADESH)
3. RAJARAM S/O SHRI MANGAT SOLANKI, AGED
ABOUT 62 YEARS, OCCUPATION: AGRICULTURE
R/O: GRAM BASVI , TEH. RAJPUR, DIST. BADWANI
(MADHYA PRADESH)
4. REVABAI W/O SHRI JALIMSINGH SOLANKI, AGED
ABOUT 38 YEARS, OCCUPATION: HOUSE WIFE
R/O: GRAM BASVI , TEH. RAJPUR, DIST. BADWANI
(MADHYA PRADESH)
5. GITABAI W/O SHRI SITARAM SOLANKI, AGED
ABOUT 32 YEARS, OCCUPATION: HOUSE WIFE
R/O: GRAM BASVI , TEH. RAJPUR, DIST. BADWANI
(MADHYA PRADESH)
.....APPELLANT
(SHRI RAGHVENDRA SINGH BAIS, LEARNED COUNSEL FOR THE
PETITIONER .
AND
THE STATE OF MADHYA PRADESH STATION HOUSE
OFFICER THROUGH P.S. JULWANIYA, (MADHYA
PRADESH)
.....RESPONDENTS
(SHRI RAJESH JOSHI APPEARING ON BEHALF OF ADVOCATE
GENERAL.
Signature Not Verified
Signed by: AMIT KUMAR
Signing time: 2/29/2024
6:15:43 PM
2
This appeal coming on for orders this day, t h e cou rt passed the
following:
ORDER
With consent of the parties heard finally.
1. This criminal appeal is preferred under section 374 of Cr.P.C. by the
appellants being aggrieved by the judgment dated 14.10.2019, passed by
learned 2nd Additional Session Judge, Barwani in S.T. No.105/2017, whereby
the appellants Ajay, Rajaram and Seetaram have been convicted for the offence
punishable under Section 324/34 (two counts) of IPC and sentenced to undergo
06 months each s RI with total fine of Rs.6,000/- each, with default stipulation
and the appellants Revabai and Geetabai have been convicted under section
323/34 of IPC and sentenced to 3-3 months R.I. with fine of Rs.500/- each with
default stipulations.
2. As per the prosecution story, on 30.04.2017, when Babulal came to his
house, his wife Sumanbai told him that at about 4:30PM, she alongwith her
daughter was coming to home after taking the water from a handpump, the
accused Ajay asked her to travel Bombay. At about 9:30PM, Babulal and his
wife reached to the house of Ajay, at that time, Ajay, Seetaram and Rajaram
abused them in filthy language and they assaulted him with iron rode, when his
wife tried to intervene, she was assaulted by Rajaram by handle of axe.
Thereafter, Rewabai and Geetabai have also assaulted her by kicks and fists.
The neighbors Ghisalal, Revwaram, Shobabai came and intervened. Thereafter,
the complainant/injured lodged the FIR against the accused persons under
Section 294, 323, 326, 506/34 of IPC.
3. The police after following the due procedure, prepared the spot map,
taken the statements of the witnesses, seized the article i.e. axe, iron rode,
prepared the medical documents, arrested the accused persons and after due
investigation filed the charge-sheet. The matter was committed to the Court of
sessions.
4 . The appellants were tried and charged under Section 294, 323/34,
326/323/34 and 506-2 of IPC. They abjured their guilt and prays for trial. The
learned trial Court, after considering the evidence and material available on
record has convicted the appellants, as stated above in para No. 1 of this
order.
5. The appellants have preferred this criminal appeal on several grounds
but during the course of arguments, learned counsel for the appellants did not
press this appeal on merits and not assail the judgment as to finding of
conviction. It is further submitted that the appellants have already undergone for
a period of approximately 40 days out of their incarceration of six months. He
confines his arguments on the point of sentence and fine. Counsel for the
appellants assures that the appellants will not involve in such criminal activities
in future. He also submitted that having regard to all circumstances which
resulted in appellant's conviction and further keeping in view the fact that the
appellants were facing the trial before the concerned Court for more than 07
year, therefore, the term of imprisonment be reduced to the period as already
been undergone by the appellants by enhancing the fine amount.
6. Learned counsel for the respondent has opposed the prayer.
7. Having considered the rival submissions and on perusal of the record,
the submission of the learned counsel for the appellants appears to be just and
proper.
8 . However, the learned trial Court has not committed any error in
appreciation of evidence available on record. Further, it is found that the Court
below considered the evidence available on record and correctly found that the
case of the prosecution is well supported by the witnesses and medical
testimony. The Court below has well considered the material available on
record, hence, no infirmity is found in the impugned order of conviction passed
by the Court below, accordingly, the same is upheld.
9. The appellants have suffered the ordeal of criminal case since 2017 as
well as incarceration of approximately 40 days and also there is no criminal
record/antecedents of the appellants, therefore, this Court finds it expedient to
partly allowed this appeal by affirming the findings given by the trial court by
imposing appropriate compensation for the complainant.
10. So far as the sentence of the appellants is concerned, taking into
consideration that the incident had taken place in the year 2017 and further
the appellants have already undergone jail sentence of approximately 40
days, this Court is of the view that the sentence of the appellants is reduced
to the period already undergone by enhancing the fine amount from
Rs.500/- to Rs.1000/- each under Section 323/34 and Rs.1000/- to
Rs.10000/- (two counts) each under Section 325/34 of IPC which will be
deposited by the appellants within a period of two months from today.
11. Out of the total fine amount, Rs.10,000/- each shall be paid to
the injured persons namely Babulal and Sumanbai under Section 357(3)
of Cr.P.C. by the trial.
12. The fine amount, if already deposited as well as the
compensation amount paid to the injured if any shall be adjusted.
1 3 . The bail bond of the appellants shall be discharged after
depositing the fine amount.
14. If the appellants fail to deposit the fine amount, they will suffer
30-30 days of simple imprisonment in default and thereafter completion of
the same, they shall be released from jail, if not required in any other case.
15. The order of learned trial Court regarding disposal of the seized
property, if any, stands confirmed.
16. A copy of this order be sent to the concerned trial Court for
necessary compliance.
17. Pending application, if any, stands closed.
Certified copy, as per rules.
(PREM NARAYAN SINGH)
JUDGE
amit
