Chhotumal vs The State Of Madhya Pradesh
2024 Latest Caselaw 15829 MP

Madhya Pradesh High Court

Chhotumal vs The State Of Madhya Pradesh on 28 May, 2024

Author: Hirdesh

Bench: Hirdesh

                                                              1                              CRA-1463-2013
                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                   AT INDORE
                                                        BEFORE
                                              HON'BLE SHRI JUSTICE HIRDESH
                                                  ON THE 28 th OF MAY, 2024
                                             CRIMINAL APPEAL No. 1463 of 2013

                           BETWEEN:-
                           CHHOTUMAL S/O HARISINGH, AGED ABOUT 35 YEARS,
                           OCCUPATION: AGRICULTURIST GRAM KHEDI P.S.
                           KALIPEETH (MADHYA PRADESH)

                                                                                           .....APPELLANT
                           (SHRI PIYUSH SHRIVASTAV, LEARNED COUNSEL FOR THE APPELLANT)

                           AND
                           THE STATE OF MADHYA PRADESH GOVT. THRU. P.S.
                           KALIPEETH DISTT. RAJGARH (MADHYA PRADESH)

                                                                                         .....RESPONDENT
                           (SHRI MAYANK MISHRA,           LEARNED     PANEL     LAWYER     FOR    THE
                           RESPONDENT/STATE)

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

Appellant has filed this appeal under Section 374 of the Code of Criminal

Procedure against the judgment dated 28.09.2013 passed by Additional Sessions Judge, Rajgarh (Biora), in Sessions Case No.246/2013 whereby trial Court has convicted the appellant under Section 324 of IPC and sentenced him to undergo one year R.I. with fine of Rs.300/- and in default of payment of fine, further imprisonment for one month.

2. Prosecution story in brief is that on 12.09.2012 at 10.30 O'Clock the appellant abused the complainant in filthy language at public place on the point

of cutting of grass from the ridge of the field and threatened the complainant of

2 CRA-1463-2013

his life.

3. In trial, trial Court framed charges against the appellant which were denied by the appellant. After trial, appellant was found guilty and he was convicted and sentenced as indicated herein above. Appellant has filed this appeal being aggrieved by impugned judgment and submitted that trial Court erred in law and fact in convicting the appellant under above sections when there is no evidence available on record to prove the offence. He has further submitted that there are so many contradictions and omissions in the evidence of prosecution witnesses, therefore, their evidence should not be believed. So on all these grounds, he prays that the conviction and sentence passed against the appellant

be set aside and he be acquitted from the charges.

4. Per contra, learned counsel for the State supported the judgment and prayed for rejection of the appeal.

5. Heard learned counsel for the parties and perused the record.

6. After considering the statements of prosecution witnesses, it is found that they are intact in their cross-examination and there is no reason to disbelieve their evidence so in the considered opinion of this Court, trial court has not committed any error in holding the appellant guilty under Section 324 of IPC, therefore, conviction under Section 324 of IPC is upheld.

7. So far as the sentence is concerned, looking to the facts and circumstances of the case and taking into account the fact that the incident is of the year 2012 and appellant is facing trial since then and the trial court has also not given harsh punishment, hence, in the opinion of this Court, there is no need to sentence the appellant any more under Section 324 of IPC.

8. Keeping in view the facts and circumstances of the case, the sentence of

3 CRA-1463-2013 imprisonment of appellant for offence under Section 324 is set aside by enhancing fine amount from Rs.300/- to Rs.10,000/- and in default of payment of fine amount, the appellant will undergo further R.I. for three months.

9. Appellant is directed to deposit the above fine amount within a period of three months from today failing which, he shall surrender before the trial Court to undergo the sentence of imprisonment imposed by the trial Court. It is also directed that out of the fine amount of Rs.10,000/-, trial court will take step to pay Rs.5000/- to the complainant as compensation. The fine amount, if any, already deposited, be adjusted in the fine amount enhanced above. Since, appellant is on bail, his bail bond be discharged.

10. Let a copy of this judgment be sent to the concerned court for compliance. The present appeal is partly allowed.

Let the record of the trial court be sent back.

(HIRDESH) JUDGE N.R.