Mulayam Singh & Ors. vs State Of M.P.
2024 Latest Caselaw 19 MP

Madhya Pradesh High Court

Mulayam Singh & Ors. vs State Of M.P. on 2 January, 2024

Author: Achal Kumar Paliwal

Bench: Achal Kumar Paliwal

                                                          1
                          IN    THE       HIGH COURT OF MADHYA PRADESH
                                               AT JABALPUR
                                                  BEFORE
                                 HON'BLE SHRI JUSTICE ACHAL KUMAR PALIWAL
                                             ON THE 2 nd OF JANUARY, 2024
                                          CRIMINAL APPEAL No. 2599 of 1999

                         BETWEEN:-
                         1.    MULAYAM SINGH & ORS., AGED ABOUT 35
                               YEARS, (MADHYA PRADESH)

                         2.    BHOLARAM LODHI S/O PRITAM SINGH LODHI,
                               AGED ABOUT 19 YEARS, GRAM MAHUA KHEDA
                               (MADHYA PRADESH)

                         3.    KALLU ALIAS LOCHAN SINGH S/O PANCHAM
                               SINGH PATEL LODHI, AGED ABOUT 19 YEARS,
                               GRAM MAHUA KHEDA (MADHYA PRADESH)

                                                                                     .....APPELLANTS
                         (BY SHRI R.S.PATEL - ADVOCATE )

                         AND
                         STATE OF M.P. (MADHYA PRADESH)

                                                                                     .....RESPONDENT
                         (BY SHRI A.S.BAGHEL - GOVERNMENT ADVOCATE)

                               T h is appeal coming on for orders this day, t h e cou rt passed the

                         following:
                                                           ORDER

Present appeal has been preferred by appellants under Section 374 (2) of the Code of Criminal Procedure being aggrieved by the judgment of conviction and sentence dated 21.09.1999 passed by Special Judge, Narsinghpur in Special Case No.23/1999, whereby appellants have been convicted and sentenced for commission of offences punishable under Section 323 of the Indian Penal Code and sentenced to undergo 03 months' each rigorous imprisonment

and Section 3(1)(x) of SC/ST (Prevention of Atrocities) Act and sentenced to undergo 06 months' each rigorous imprisonment with fine of Rs.500/- each with default stipulations.

02. Learned counsel for the appellants after referring in the case Bharatsingh S/o Jagannath Singh And Anr. vs State Of Madhya Pradesh, reported in 2006(4) MPLJ 171, submits that the trial Court has wrongly convicted appellants under Section 3(1)(X) of SC/ST Act because caste certificate has not been produced by the prosecution. It is also urged by learned counsel that he is not challenging conviction under Section 323 of IPC and has only challenged sentence under Section 323 of IPC.

03. Learned counsel respondent/State submits that trial Court has rightly convicted the appellants. Hence no interference is called for.

04. I have heard learned counsel for the parties and perused the record of the case.

05. Perusal of the case reveals that prosecution has not filed any caste certificate issued by competent authority i.e. SDO. Hence in view of law laid down in the case of Bharat Singh(supra), appellants cannot be convicted and sentenced under Section 3(1)(x) of SC/ST Act. Hence appellants are acquitted from charge under Section 3(1)(x) of SC/ST Act.

06. So far as sentence under Section 323 of IPC is concerned, this case relates to the incident dated 30.12.1996. Hence, in view of above, including the nature of injury and overall evidence on record/facts and circumstance of the case, ends of justice would be served if sentence of imprisonment is set aside and appellants are sentenced with fine only

07. Accordingly appeal filed by the appellants is partly allowed and appellants are acquitted of the charges under Section 3(1)(x) of SC/ST Act and

sentenced of imprisonment imposed under Section 323 of IPC is also set aside and under Section 323 of IPC each appellants is sentenced with fine of Rs.1,000/- in default three months simple imprisonment.

08. Enhanced fine amount be deposited within three months from today failing which appellants shall surrender before Trial Court to undergo remaining sentence of imprisonment. Fine amount, if any, deposited earlier shall be adjusted against the enhance amount of fine.

09. In the result, Criminal Appeal is partly allowed to the extent indicated above.

(ACHAL KUMAR PALIWAL) JUDGE sm