Madhya Pradesh High Court
Kamlesh vs The State Of Madhya Pradesh on 5 March, 2024
Author: Vijay Kumar Shukla
Bench: Vijay Kumar Shukla
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
ON THE 5 th OF MARCH, 2024
CRIMINAL APPEAL No. 16129 of 2023
BETWEEN:-
KAMLESH S/O RAMESHCHANDRA JAT, AGED ABOUT 25
YEARS, GRAM BARNAWAD, POLICE THANA TALEN
DISTIRCT RAJGARH (MADHYA PRADESH)
.....APPELLANT
(BY MS. ADITI PALIWAL - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH STATION HOUSE
OFFICER THROUGH POLICE STATION TALEN,
DISTRICT RAJGARH (MADHYA PRADESH)
.....RESPONDENT
(BY SHRI SHASHIKANT BHATI - PUBLIC PROSECUTOR)
This appeal coming on for admission this day, the court passed the
following:
JUDGMENT
This is appeal u/S 14-A(I) of SC/ST (Prevention of Atrocities) Act and u/s
374 of the Cr.P.C. arising out of judgment of conviction and sentence dated
9.12.2023 passed by Special Judge, SC & ST (Prevention of Atrocities) Act in
Spl. case No. 34/2019 whereby the appellant has been convicted under sections
323 IPC and section 3(2)(Va) of SC & ST Act and sentenced to undergo 6
months RI with fine of Rs.1000/- and 6 months RI with fine of Rs.1000/-
respectively with default stipulation.
2. Counsel for the appellant at the outset submits that appellant is not
Signing time: 3/5/2024 5:21:01
challenging the conviction on merits but he is confining his prayer to reduce the
period of sentence upto the period already undergone by appellant.
3. So far as conviction of appellant is concerned, the same has been
proved by the testimony of PW-1 Kailash Ahirwar, PW-2 Rahul and PW-3
Rodmal. The prosecution has proved the Caste certificate of the complainant as
Ex.P/1. Thus, this Court does not find any error on the judgment of conviction.
4. Heard on the question of sentence.
5. The incident is said to have taken place in the year 2018. The appellant
has remained in jail for two days. He was on bail during trial and also after
conviction, his jail sentence was suspended. He has not misused the liberty. He
maintained good record and relation with the complainant. No purpose would be
served in sending the appellant in jail after such long period. The appellant has
been convicted under section 3(2)(va) of SC & ST (PA) Act which reads as under
:-
Sec. 3(2)(va) whoever, not being a member of Scheduled Caste or
a Scheduled Tribe -
commits any offence specified in the Schedule, against a person or
property, knowing that such person is a member of a Scheduled Caste
or a Scheduled Tribe or such property belongs to such member shall be
punishable with such punishment as specified under Indian Penal Code
for such offences and shall also be liable to fine.
Thus, substantive conviction of appellant is under section 323 IPC,
which reads as under :-
Sec. 323 Punishment for voluntarily causing hurt -
Whoever, except in the case provided for by section 334, voluntarily
causes hurt, shall be punished with imprisonment of either description
for a term which may extend to one year, or with fine which may
extend to one thousand rupees, or with both.
6. After going through the aforesaid provision, it is evident that under
section 323 IPC, no minimum jail sentence is prescribed and fine amount may
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extend to Rs.1000/-. Considering the aforesaid submission, while maintaining the
conviction of appellant, the jail sentence of the appellant is reduced to the period
already undergone and fine amount in both the sections is enhanced from
Rs.1000/- to Rs.2000/-, which shall be deposited by the appellant within a period
of 3 months from today. The aforesaid amount shall be paid by the trial court to
the injured-Kailash. The bail bonds of the appellant shall be discharged after
deposit of the fine amount. In case, if the appellant fails to deposit the fine amount
within the aforesaid period, he shall undergo the remaining jail sentence as per the
order of trial court.
7. With the aforesaid, appeal is partly allowed and disposed off.
C.c. as per rules.
(VIJAY KUMAR SHUKLA)
JUDGE
MK
Signing time: 3/5/2024 5:21:01
