Narmada Prasad vs The State Of M.P.
2024 Latest Caselaw 8 MP

Madhya Pradesh High Court

Narmada Prasad vs The State Of M.P. on 2 January, 2024

                                                              1
                            IN     THE        HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                        BEFORE
                                         HON'BLE SHRI JUSTICE GAJENDRA SINGH
                                                 ON THE 2 nd OF JANUARY, 2024
                                               CRIMINAL APPEAL No. 645 of 2003

                           BETWEEN:-
                           NARMADA PRASAD, AGED ABOUT 35 YEARS, (MADHYA
                           PRADESH)

                                                                                          .....APPELLANT
                           (BY SHRI J.P. VISHNOI - ADVOCATE FOR APPELLANT)

                           AND
                           THE STATE OF M.P. (MADHYA PRADESH)

                                                                                        .....RESPONDENT
                           (BY SHRI K.S. RAJPUT - ADVOCATE FOR RESPONDENT)

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

This Criminal Appeal under Section 374(2) of the Code of Criminal Procedure has been preferred being aggrieved by the judgment dated

10.04.2003 in Sessions Case No.91/2002 by IInd Additional Sessions- Khandwa, M.P. whereby the appellant/accused has been convicted under Section 324 of IPC and sentence to R.I. for 6 months and fine of Rs.1000/- with default stipulations.

2. The appellant was prosecuted in this case regarding Crime No.34/02 registered at Police Station Killod, District Khandwa, for committing a crime towards Nirbhay Singh on 20.03.2003 at about 7:00 p.m. Village Rosad, Police Station-Killod Harsood, District Khandwa. Appellant/accused abjured guilt and

prosecution examined victim Nirbhay Singh (PW-1), Totaram (PW-2), Bhagwan Singh (PW-3), Hareram (PW-4), Bheeka (PW-5), H.C. Kashiram (PW-6), Karan Singh (PW-7), Medical Officer- Dr. Kishor Kumar (PW-8), ASI- Randheer Singh Thakur (PW-9) and Head Constable No.05 as PW-11.

3. Appreciating the testimony of prosecution witnesses the trial Court convicted the appellant/accused under Section 324 of IPC and sentence in para- 1 of the judgment.

4. Challenging the conviction and judgment, this appeal is preferred on the ground that trial Court committed error in convicting the appellant/accused on the testimony of Nirbhay Singh as PW-1 and as PW-7 Karan Singh that is

contradictory to each other. Trial Court has not considered the defence raised on behalf of appellant/accused, through the FIR No.35/02 registered at Police Station- Killod, District Khandwa (Ex.D-1) under Section 452, 354 and 506 against Nirbhay Singh on the report of wife of Narmada Prasad.

5. Heard Government Prosecutor has supported the conviction and sentence.

6. Perused the record.

7. Trial Court has considered the defence advanced through Ex.D-1 in para Nos.19 and 20 of the judgment. On re-appreciation of testimony of Nirbhay Singh PW-1 and witnesses Totaram (PW-2) and Medical Officer- Dr. Kishor Kumar (PW-8), the finding of trial Court regarding conviction of appellant/accused under Section 324 of IPC does not call interference and are affirmed.

8. Appellant/accused has been in custody from 22.03.2002 to 28.03.2002. He has no criminal antecedents. Considering the nature of offence and circumstances of the case and corrected of offender appellant/accused is

entitled for benefit of the Probation of Offenders Act 1958.

9 . This appeal is partly allowed and the conviction of the appellant/accused under Section 324 of IPC is affirmed. The finding of the trial court regarding the sentence is modified and instead of sentencing the appellant/accused at once it is directed that appellant/accused be released on bail entering into bond with surety of Rs.20,000/- (Rupees Twenty Thousand Only) to the satisfaction of the trial court within a period of 90 days to appear and receive sentence when called upon by the trial Court during a period of 3 years and in the meantime to keep the peace and be of good behavior.

1 0 . Under Section 5 of Probation Of Offenders Act, 1958 appellants/accused shall also pay Rs.5,000/-(Rupees Five Thousand Only) to the Victim as compensation for the injury suffered for the commission of offence. The appellant/accused shall deposit the compensation amount within 90 days failing which the said amount shall be recovered from appellant/accused in accordance with law. The amount of fine deposited by the appellant/accused before the trial court shall be adjusted towards in amount of compensation.

11. A copy of this judgment be sent to the trial Court concerned for necessary compliance.

12. With the aforesaid, the present appeal stands partly allowed and

disposed off.

(GAJENDRA SINGH) JUDGE DPS