Madhya Pradesh High Court
Shahid Hasan vs The State Of Madhya Pradesh on 15 January, 2025
NEUTRAL CITATION NO. 2025:MPHC-JBP:2023
1 CRA-7673-2022
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DEVNARAYAN MISHRA
ON THE 15th OF JANUARY, 2025
CRIMINAL APPEAL No. 7673 of 2022
SHAHID HASAN AND OTHERS
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Smt. Durgesh Gupta - Amicus Curiae for appellant No. 1.
Smt. Durgesh Gupta - Advocate for appellant No. 2.
Shri Mohd. Rizwan Khan - Advocate for appellant No.3
Shri Abhishek Mishra - Advocate for objector.
Ms. Hemlata Kshtriya - Panel Lawyer for respondent/State.
ORDER
This appeal has been preferred being aggrieved by the judgment and
sentence passed by 3rd Additional Sessions Judge, Itrasi District
Narmadapuram in ST No. 100157/2015 dated 04-08-2022, by which the
appellants have been convicted for offence punishable under Section 294 of
IPC and sentenced to undergo RI for 3 months with fine of Rs. 500/- and
under Section 307/34 of IPC and sentenced to undergo RI for 10 years with
fine of Rs. 1000/- respectively with default stipulations.
2. In nutshell the prosecution case before the trial Court was that on
13-08-2014, injured Sherif (PW-3) and Vikram Kol (PW-2) were having
pouch of pan masala near Railway Station Itarsi in front of Moti Pan Gumti.
On that the appellants reached there and uttered filthy abuses to Sherif (PW-
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3) and when he objected then, appellants-Shahid Hasan and Satyam @ Chotu
Verma started assaulting Sherif with knife. Hasib caught hold the injured
Sherif. Looking to the incident, Hasib @ Assu, Vikky and Rashid khan
reached on the spot and then appellants ran away from the spot. Vikram Kol
(PW-2) lodged FIR at police station, Itarsi which was registered as Crime
No. 604/2014 under Sections 294, 307/34 of IPC against the appellants. The
injured was sent for medical examination and appellants were arrested and
knives were recovered from Shahid and Satyam @ Chotu Verma and clothes
of victim as well as the appellants were seized. The charge-sheet was filed
before the learned trial Court.
3. The trial Court framed charges under Sections 294, 307 and in
alternate under Section 307/34 of IPC. The charges were read over to the
appellants. The appellants abjured the guilt and prayed for trial. The
prosecution evidence was recorded and after examining the appellants,
hearing both the parties, judgment was passed, by which the appellants have
been convicted and sentenced as stated above hence, this appeal.
4. Learned counsel for the appellants submits that the parties has
compromised the matter in this Court. Victim as well as the complainant
Vikram Kol has filed application under Section 320 r/w Section 482 of
Cr.P.C that has been verified by Registrar ( J-II) of this Court and as per that
parties have compromised the matter hence, no purpose would be served by
keeping the appellants in jail.
5. They have challenged the judgment of the trial Court on merits but,
submitted that the sentence passed against the appellants be limited to the
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period already undergone and the appeal be disposed of as per that.
6. Learned counsel for the State submits that the case is not
compoundable and the injury sustained by the victim constitute the offence
punishable under Section 307 of IPC hence, sentence cannot be limited to the
period already undergone. Hence, appeal be dismissed and the judgment of
the trial Court be affirmed.
7. I have gone through the record.
8. To ascertain whether the judgment of conviction is as per law and
can it be upheld or not? On this point, independent witnesses and
complainant-Vikram Kol (PW-2) have clearly supported the prosecution and
stated that on the date of incident on 10-10:30 PM, he and the injured were
standing before the Hotel Neelam at 'pan tapri' and were having pan masala.
At that point of time, appellant Shahid and Satyam @ Chotu Verma reached
on the spot and started abusing Sherif, then, appellant Hasib caught hold
Sherif and Satyam and Shahid assaulted Sherif with knives. The persons
present there pacified the dispute. He along with Sherif went to police station
to lodge the FIR and went to hospital. The fact of this has been supported by
Sherif (PW-3) that on the date of incident, when he was going to his home,
near railway station 4-5 persons came there, and after abusing, they started
assaulting him and he sustained injuries by sharp edged weapon but, he has
not identified the accused persons. Other independent witness Shahid (PW-
7) has supported the prosecution and Arbaz Khan (PW-1) has also supported
the prosecution case. FIR (Ex.-P/13) has been recorded by Ramesh Kumar
Yadav (PW-8) and he has clearly stated that on the date of incident, he was
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posted as Assistant Sub-Inspector in police station Itarsi and Vikram Kol
lodged an FIR against the appellants and he registered the FIR.
9. Furthermore, Dr. Vivek Charan Dubey (PW-5) states that on 13-
08-2014, injured Sherif was brought for medical examination and on
examination, he found 5 stab injuries that were caused on the left side of
back, chest, below the shoulder, right knee and above the right knee. The
injuries sustained on the back and chest were grievous in nature and rest
injuries were simple in nature. On x-ray examination, no fracture was found.
The Investigating Officer R.D. Nagia (PW-4) had stated that he visited the
spot and arrested the appellants and from the possession of appellant -
Satyam @ Chotu Verma and Shahid Hasan, knives were recovered.
10. Thus, from the above appreciation of prosecution evidence, the
trial Court has rightly convicted the appellants and no perversity is found
regarding the conviction. Hence, the conviction of the trial Court under
Section 294 and 307/34 of IPC is maintained.
11. Considered on the point of sentence. From the statement of Dr.
Vivek Charan Dubey (PW-5), it is clear that on x-ray, it is clear that the stab
injuries that was sustained by the victim on the left side of the back is 1.5cms
x 1cm and injury sustained on the left side of the chest is 1.5 cms x 1cm and
third stab injury was caused on the left side of axilla measuring 1.5cms x
1cm and two injuries were caused in the right leg. By the injuries, no vital
organ was cut or fracture was found. Thus, injuries sustained by the victim
were all simple in nature but, three injuries were caused in the chest area
hence, intention of the appellants is clear that if any vital organ has been
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damaged by these injuries, the deceased would have died.
12. Three persons were involved and injuries of above nature were
caused and the appellants have already compounded the dispute. The
appellants were aged 25 years and appellant- Shahid Hasan was in custody
from 15-08-2014 to 04-09-2014 and after judgment from 04-08-2022 till
today i.e. 16-01-2025. Thus, he spent more than 2.5 years. In the same way,
appellant- Satyam @ Chotu Verma was in custody from 15-08-2014 to 02-
09-2014 and from date of judgment 04-08-2022 till today i.e. 16-01-2025, he
also suffered approximately 2.5 years of incarceration and in the same way,
appellant- Hasib @ Assu Sheikh was in custody from 15-08-2014 to 30-08-
2014 during trial and from the date of judgment i.e. 04-08-2022 to 16-01-
2025, he also served jail sentence of 2 years 5 months and 27 days,
approximately 2.5 years and looking to the gravity of offence and the fact
that the matter has been compromised by the parties and the trial Court has
not directed that the sentences shall run one after another, hence, treating that
both the sentences shall run concurrently.
13. The conviction of the appellants under Sections 294 and 307/34 of
IPC is maintained and the order of fine amount is also maintained but, their
jail sentences for the offence punishable under Section 307/34 of IPC is
limited to the period already undergone as stated above and the jail sentence
for the offence punishable under Section 294 of the IPC was only for 3
months, that has been suffered by the appellants hence, upon fine amount
being deposited, the appellants be released forthwith, if not required in any
other case.
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14. The case property be disposed of in terms of the order of the trial
Court.
15. With the above modification, the appeal is disposed of.
16. Copy of judgment be sent to the concerned trial Court for
information and necessary action.
(DEVNARAYAN MISHRA)
JUDGE
PG
