Madhya Pradesh High Court
Balwan Singh vs The State Of Madhya Pradesh on 18 February, 2025
NEUTRAL CITATION NO. 2025:MPHC-IND:4385
1 CRA-566-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE BINOD KUMAR DWIVEDI
ON THE 18 th OF FEBRUARY, 2025
CRIMINAL APPEAL No. 566 of 2025
BALWAN SINGH S/O MOHAN SINGH AND OTHERS
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Appellants by Shri Vivek Singh - Learned Senior Advocate appearing along
with Shri Juned Ahmed Khan - Advocate.
Respondent - State of Madhya Pradesh by Shri Surendra Kumar Gupta -
Government Advocate appearing on behalf of Advocate General.
JUDGMENT
With the consent of learned counsel for the parties, heard finally.
This criminal appeal under Section 415 (2) of Bharatiya Nagarik Suraksha
Sanhita, 2023 (BNSS) = Section 374 (2) of the Code of Criminal Procedure, 1973
(herein after referred to as the Code) has been preferred by the appellants against
judgment and order dated 31.12.2024 passed in Session Trial No.11 of 2023 by
learned Second Additional Sessions Judge, Sonkatch, District Dewas (MP),
whereby they have been convicted for offence under Section 323 read with Section
34 of the Indian Penal Code, 1908 (herein after referred to as IPC) on three counts
and each of them has been sentenced to undergo rigorous imprisonment for a term
of six months with fine of Rs.500/- on each count along with usual default
stipulation.
2. The prosecution story, as having emerged during trial, is that at the
behest of injured Jaisingh, Dehati Nalishi No.00 of 2021 was registered at Police
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Station, Pipalrawan, District Dewas (MP) by Sub Inspector of Police, G.S.
Verma. The story narrated is that on 04.01.2021 at about 10:00 AM, members of
his family Balwansingh, Akesingh, Dinesh and Lokendra had erected / put up
bamboo sticks (डं डे गाड दये ) over the way in field to prevent them from going to
the field. On this, he advised them as to why they are blocking the way. The
appellants hurled filthy abuses and threw down Bhagwantsingh on the fencing /
boundary of thorns (कांटे क बागड). Appellants Dinesh and Kamalsingh assaulted
him on his head and right hand with lathi (wooden stick). Kamalsingh also hit
him on right leg. When his nephew Dikpal came there for intervention, he was
also caught hold by Balwan and appellant Akesingh hit him with iron rod on his
head and right hand. Lokendra also hit injured Bhagwatsingh with a wooden stick
on his head, which caused injures to injured Bhagwatsingh. At the instance of
complainant' side, a counter case No.27 of 2021 was also registered. After
investigation, charge sheet was filed. After completion of the trial, the appellants
were convicted as mentioned herein above, which gives right to this appeal.
3. Learned Senior Counsel appearing for the appellants submits that the
incident arose on a trivial matter and a counter case was also registered at the
instance of the accused side under more serious charges. The trail Court has not
appreciated the evidence in right perspective and has also not elaborated on the
point as to who is the aggressor. The impugned judgment suffers from serious
infirmities and it has been passed on conjectures and surmises. Learned Senior
Counsel on the premises prays for acquitting the appellants from the charges found
proved by the learned trial Court.
4. As an alternative limb of prayer, learned Senior Counsel for the appellant
further submits that the incident took place on 04.01.2021. The offence is not of
serious nature. The appellants have no criminal antecedents, therefore, if the
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offence is found proved, then the jail sentence may be set aside, by enhancing fine
amount.
5. Per contra, learned counsel appearing for the respondent - State supports
the impugned judgment, stating that it has been passed by appreciating the
evidence in right perspective and also keeping in view the prevailing legal
provisions of law and hence, prays for dismissal of this appeal, as it is devoid of
merits.
6. Heard learned counsel for the parties at length and perused the record.
7. The evidence adduced in support of the allegations with regard to
offence punishable under Section 323 read with Section 34 of IPC are found to be
clear, cogent and consistent. The same is free from any material infirmity or
anomaly. The testimony of complainant / injured is duly supported by First
Information Report (FIR) Exhibit P/8 and also by the medical evidence available
on record proved by Dr. Mrunalini Yadav (PW-10). The statement of injured
witnesses are also corroborated by each other's statement. In the aforesaid
circumstances, it cannot be said that the learned trial Court has committed any
factual or legal error in convicting the appellants, as mentioned herein above for
offence under Sections 323/34 of IPC on three counts.
8. As regards the sentence, the prayer made on behalf of the appellants
appears to be reasonable. The incident took place near about four years back. The
appellants have faced the trail of appeal during this period no criminal antecedents
are attributed to the appellants. The incident also arose on trivial matter of
blocking the way to the field. Keeping in view the aforesaid circumstances, this
Court is inclined to set aside the jail sentence and enhance the fine amount.
9. Accordingly, this appeal is partly allowed . The conviction of the
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appellant is hereby affirmed. The jail sentence is set aside and the fine amount is
enhanced from Rs.500/- to Rs.1,000/- on each count. The remaining part of the
fine amount i.e. Rs.1,500/- (rupees one thousand five hundred only) will have to be
deposited by each of the appellants within a period of thirty days before the trial
Court from the date of judgment delivered by this Court. If it is found that the
appellants have not deposited the enhanced fine amount within the aforesaid
period, then they will have to suffer the jail sentence of one month rigorous
imprisonment in default of payment of fine amount. The appellants are on bail.
Their bail bond and personal bonds stand discharged.
10. Accordingly, the criminal appeal stands disposed off.
Let record of the trial Court along with a copy of judgment of this Court be
sent back forthwith to the concerned trial Court for compliance and necessary
action.
Pending interlocutory application, if any, also stands disposed off.
(BINOD KUMAR DWIVEDI)
JUDGE
rcp
