Madhya Pradesh High Court
Sonu Sharma vs State Of M.P. on 1 August, 2025
Author: Anil Verma
Bench: Anil Verma
NEUTRAL CITATION NO. 2025:MPHC-GWL:16288
1 CRA-848-2007
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE ANIL VERMA
ON THE 1 st OF AUGUST, 2025
CRIMINAL APPEAL No. 848 of 2007
SONU SHARMA AND OTHERS
Versus
STATE OF M.P.
Appearance:
Shri B.S. Gour - Advocate for appellants.
Shri Mohit Shivhare - Public Prosecutor for respondent/State.
ORDER
The present Criminal Appeal under Section 374 of the Code of
Criminal Procedure (in short 'Cr.P.C.') has been preferred against the
impugned judgment dated 28.09.2007 passed by Special Judge, District
Bhind in Special Case No.63/2006, whereby appellants have been convicted
for offence under Section 323/34 of Indian Penal Code (in short 'IPC') and
imposed a fine of Rs.700/- each with usual default stipulations.
2. Prosecution story, in short, is that on 29.04.2006 at about 11:30 AM,
when complainant along with he son Rajkumar went nearby Sindh river for
grazing goats, at that time, appellants/accused persons came there armed
with wooden stick and they scolded them and abused in a filthy language and
also caste related words, then Sonu caused injury to the complainant's left
hand by means of wooden stick, Kamlesh also inflicted a blow by means of
stick on left side of her head. When Rajkumar came there to rescue her, he
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was also beaten by accused persons. When husband of the complainant and
her uncle-in-law came there, then appellants fled away from the spot and
threatened for her life in case of lodging any report. Thereafter, complainant
lodged FIR at Police Station Ajak, District Bhind. Accordingly, the offence
has been registered.
3. After completion of investigation, charge-sheet has been filed
before JMFC, Bhind, who committed the case to the Court of Special Judge.
The Trial Court has framed charges against the appellants for offence under
Sections 294, 323, 323/34 (2 count), 506 (Pat-II) of IPC and Section 3(1)(10)
of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,
1989.
4. The appellants abjured their guilt and pleaded complete innocence.
5. Prosecution examined as many as five witnesses, while defence
examined two witnesses in their defence.
6. The Trial Court after considering the submissions advanced by both
the parties and scrutinizing the entire evidence available on record convicted
the appellants for the offence under Section 323/34 of IPC and sentenced
each of them for fine of Rs.700/- with usual default stipulations. Being
aggrieved by the aforesaid conviction and sentence, the appellants have
preferred this appeal before this Court.
7. Learned counsel for the appellants submits that the appellants have
been falsely implicated in the matter due to previous enmity. The Trial Court
has erred while relying the statements of the witnesses and discarding the
defence version. There are material contradictions and omissions in the
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statements of the witnesses. The Trial Court has failed to appreciate the facts
and circumstances reasonably and appropriately. The judgment passed by the
Trial Court is illegal, erroneous and without jurisdiction. This is the first
offence of the appellants but they were not given the benefit of Probation of
Offenders Act. The appellants have deposited the fine amount before the
Trial Court. Therefore, this criminal appeal may be allowed and conviction
of the appellants may be set aside by acquitting them from the aforesaid
charges.
8. Per contra, learned Public Prosecutor for the respondent/State
opposes the appeal and prays for its rejection by submitting that the learned
Sessions Judge has rightly awarded the sentence to the appellants and there is
no need of any interference in the findings of the Trial Court.
9. Heard learned counsel for the parties and perused the entire record.
10. On scrutiny of the entire evidence led by the prosecution and on
the basis of the statements of witnesses as well as medical report of the
victim person, it is established that appellants had committed marpeet with
the victim person, therefore, this Court is of the view that no illegality has
been committed by the learned Court below in convicting the appellants and
the Trial Court has given minimum punishment to the appellants, i.e., only
fine of Rs.700/-, hence, the judgment of conviction and sentence dated
28.09.2007 passed by Special Judge, District Bhind in Special Case
No.63/2006 passed by the learned Court below requires no interference and
the same is hereby maintained.
11. Accordingly, this criminal appeal is hereby dismissed.
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12. Since the appellants have already deposited the fine amount
imposed by the Trial Court, therefore, nothing more is required to be done.
13. Pending IA, if any, is also disposed of.
14. Let a copy of this order along with record be sent back to the
concerned Trial Court for information.
15. Certified copy as per rules.
(ANIL VERMA)
JUDGE
Abhi
