Madhya Pradesh High Court
Roshan Lal Kewat vs The State Of Madhya Pradesh on 29 January, 2025
NEUTRAL CITATION NO. 2025:MPHC-JBP:4662
1 CRA-13715-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DEVNARAYAN MISHRA
ON THE 29th OF JANUARY, 2025
CRIMINAL APPEAL No. 13715 of 2024
ROSHAN LAL KEWAT
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Mr. Vineet Mishra - Advocate for appellant.
Mr. Pradeep Dwivedi - Panel Lawyer for State.
JUDGMENT
With the consent of the parties, the matter is being heard finally at
motion hearing stage.
This appeal under Section 374 (2) of the Cr.P.C. has been preferred by
the appellant being aggrieved with the judgment of conviction and sentence
dated 30.11.2024 passed by Special Judge, Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act, 1989, Anuppur, District- Anuppur
(M.P.) in S.T. No.71 of 2020 whereby the appellant has been convicted for
the offence punishable under Section 323 of the Indian Penal Code read with
Section 3(2)(v-a) of the Scheduled Castes and Scheduled Tribes (Prevention
of Atrocities) Act, 1989 and sentenced to undergo Rigorous Imprisonment
for six months and fine amount of Rs.1,000/- with default stipulations.
2. In nutshell the prosecution case before the trial Court was that on
15.05.2020 at 04:00 pm, injured Radha Panika (PW-1) went to Bhalumada
along with her friend Leelawati Singh (PW-3) and after treatment, they were
NEUTRAL CITATION NO. 2025:MPHC-JBP:4662
2 CRA-13715-2024
returning to their homes. There was no conveyance and Pramod Kewat (PW-
9) met them who was on his motorcycle and had given the lift to both of
them and when they reached near Kewai River at about 05:30 pm, appellant
Roshan was standing there and stopping the motorcycle, abused the injured
Radha Panika (PW-1) and assaulted her with danda. Pramod Kewat (PW-9)
and Leelawati (PW-3) intervened and save the victim. The victim lodged the
F.I.R. (Exhibit-P/1) on 15.05.2020 at Police Station - Bhalumada, District -
Anuppur (M.P.), where the Crime No.182 of 2020 was registered for the
offence punishable under Sections 341, 294, 323 & 506 of the Indian Penal
Code and Sections 3(1)(r), 3(1)(s) and 3(2)(V-a) of the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, 1989. The victim was
medically examined. After investigation, charge-sheet was filed against the
appellant.
3. The trial Court framed the charges under Sections 294, 341, 323 &
506-II of the Indian Penal Code read with 3(2)(v-a), 3(1)(r) & 3(1)(s) of the
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
The appellant abjured the guilt and prayed for trial.
4. Trial Court recorded the statement of prosecution witnesses and
examined the appellant under Section 313 of the Code of Criminal
Procedure. The appellant has not examined any defence witness. After
hearing both the parties, trial Court passed the impugned judgment,
convicted and sentenced as stated above.
5. Learned counsel for the appellant has submitted that the appellant is
innocent. He has falsely been implicated in the case as the appellant was
NEUTRAL CITATION NO. 2025:MPHC-JBP:4662
3 CRA-13715-2024
having affair with the victim and he was angry that the victim was coming on
the motorcycle with Pramod Kumar Kewat (PW-9) and having doubt that she
is in relation with Pramod Kumar Kewat (PW-9). He objected only and no
injury was caused by the appellant and in that circumstances, false report has
been lodged and the appellant has been convicted.
6. Alternatively, learned counsel for the appellant has submitted that if
the conviction is maintained, the appellant be released enhancing the fine
amount and reducing the jail sentence that he has suffered during the trial and
has further submitted that though trial Court has mentioned in the certificate
annexed with the warrant that appellant was not in custody during the trial
but from the case record, it is clear that the appellant was arrested on
18.04.2022 and was sent to judicial custody and was released on bail on
07.05.2022, hence, the substantive jail sentence of appellant be reduced to
this period.
7. Learned counsel for the State has submitted that the appellant
without any valid reason, assaulted the victim, therefore, no leniency is
required, hence, the appeal be dismissed and judgment and sentence passed
by the trial Court be maintained.
8. I have heard the parties and gone through the record.
9. Victim Radha Devi Panika (PW-1) has clearly stated that on
15.05.2020 at about 04:00 pm, she was returning along with Leelawati (PW-
3) from Bhalumada to the village after treatment and marketing. There was
no conveyance and Pramod Kewat (PW-9) was returning to Pyari Village on
his motorcycle and met them and had given the lift to both of them. When
NEUTRAL CITATION NO. 2025:MPHC-JBP:4662
4 CRA-13715-2024
they reached near Devraj Baba, alighted from the motorcycle. Appellant
Roshan Kewat was standing there and asked them from where they were
returning and started abusing the victim and assaulted on her head with
danda and from that she got the injury. Leelawati (PW-3) and Pramod Kewat
(PW-9) intervened and the matter was pacified, victim lodged the F.I.R. at
Police Station-Bhalumada, District-Anuppur. She was medically examined
and nothing has been brought. In the cross-examination by which, the
veracity of this witness can be disbelieved.
10. Furthermore, Leelawati Singh (PW-3) has in the clear terms
supported the statement of Radha Devi (PW-1) and in clear terms has stated
that when they were returning with Pramod on his motorcycle and when they
reached near Devraj Baba main road, appellant stopped the motorcycle and
started abusing Radha Devi Panika (PW-1) and assaulted her with a lathi by
which, victim got injury over her head and blood started coming out from her
head. Pramod dropped them in their homes and Radha Devi Panika (PW-1)
lodged the Police report. The injury was suffered by the victim is supported
by Dulamdas Panika (PW-2), Heeralal Panika (PW-4) and Pramod Kumar
Kewat (PW-9).
11. Though Pramod Kumar Kewat (PW-9) has stated that in Village
Pyari, Radha Devi Panika (PW-1) along with a girl met to him, Radha Devi
Panika (PW-1) was having injury over her head and when this witness was
cross-examined by the prosecution, he has admitted that on 15.05.2020, on
his motorcycle, he had given the lift to Radha Devi Panika (PW-1) and
another girl and when the victim Radha Devi Panika (PW-1) seated on his
NEUTRAL CITATION NO. 2025:MPHC-JBP:4662
5 CRA-13715-2024
motorcycle, she was having no injury and when this witness Pramod Kumar
Kewat (PW-9) had dropped the victim to her home, she suffered an injury.
12. Thus, from the above statements, it is clear that the appellant
assaulted the victim with wooden danda and the victim suffered injury over
her head. On this point, author of the F.I.R. Pramod Sharma (PW-6) has
stated that on 15.05.2020, he was posted at Police Station-Bhalumada as an
Assistant Sub-Inspector on that date Radha Devi Panika (PW-1) lodged the
F.I.R against appellant Roshan Kewat that after obstructing him, the
appellant abused her and assaulted and threatened to life on that he registered
the F.I.R. (Exhibit-P1) and sent the victim for medical examination.
13. Furthermore, Dr. R.K. Verma (PW-8) has stated that on
15.05.2020, the victim Radha Bai (PW-1) was brought by the Constable
Santosh Yadav from Police Station-Bhalumada and on her examination, he
found that there was a lacerated wound on the left side of occipital region
measuring 3x0.5 cm, muscle deep, blood was clotted. The injury was caused
within eight hours from the time of examination and he has also proved the
M.L.C report (Exhibit-6a).
14. Thus, the statements of the victim is further supported by a
Medical Officer.
15. In short, the statement of the victim has been supported by
Leelawati (PW-3) and her relatives. It is also clearly mentioned by Radha
Devi Panika (PW-1) and Leelawati (PW-3) that the accused assaulted her
with danda and this fact is mentioned in the F.I.R. that was recorded just after
the incident and further supported by the medical evidence. Hence, no fault
NEUTRAL CITATION NO. 2025:MPHC-JBP:4662
6 CRA-13715-2024
is found in the conviction of the appellant for the offence punishable under
Section 323 of the Indian Penal Code.
16. From the document (Exhibit-P/3), it is clearly mentioned that
Radha Devi Panika (PW-1) being the caste of Panika comes under the
Scheduled Castes in the State of Madhya Pradesh as mentioned in Serial
No.36 in the Schedule of Article 342 of Indian Constitution. From the
certificate (P/8) and admission and in statement of appellant under Section
313 of the Code of Criminal Procedure, it is a clear that the appellant belongs
to Other Backward Castes, thus, he is not a member of Scheduled Castes and
Scheduled Tribes Community. Thus, the conviction of the appellant for the
offence punishable under Section 323 of the Indian Penal Code and 3(2)(v-a)
of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,
1989 is affirmed.
17. Considered on the point of conviction, the appellant at the time of
the offence was a person of 23 years. Victim was of his age group and the
victim has not stated the motive behind this incident and looking to the facts
and motive behind the offence, no clear motive has been assigned for causing
the offence.
18. From the record of the trial Court, it is clear that the appellant was
given the benefit of bail during trial. On 09.03.2022, the appellant was not
present before the trial Court, hence, the trial Court issued arrest warrant and
in pursuance to that warrant, on 18.04.2022, the appellant was arrested and
on 07.05.2022, he was again released on bail and the bail was furnished on
the same day. This fact is further supported by the Jail Warrant annexed with
NEUTRAL CITATION NO. 2025:MPHC-JBP:4662
7 CRA-13715-2024
the record of the trial Court and as per that on 18.04.2022, the appellant was
sent to Jail and as per the report of Superintendent Sub-Jail Anuppur, the
appellant was released on 07.05.2022 through Order No.289/7.5.2022. Thus,
it is clear that he was under custody for 20 days during trial. Hence, looking
to the fact that offence was not committed on the basis of cast, therefore, the
jail sentence is limited to the period already undergone but the order of fine
amount is kept intact.
19. Thus, the conviction of the appellant under Section 323 of the
Indian Penal Code read with Section 3(2)(v-a) of the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, 1989 is hereby affirmed but
the jail sentence is altered in place of six months, is reduced to the period
already undergone.
20. With the above modification, appeal is partly allowed.
21. With the copy of judgment, the record of the trial Court be
returned back.
(DEVNARAYAN MISHRA)
JUDGE
julie
