Madhya Pradesh High Court
Mahaveer Patel vs The State Of Madhya Pradesh on 30 January, 2025
NEUTRAL CITATION NO. 2025:MPHC-JBP:5001
1 CRA-11107-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DEVNARAYAN MISHRA
ON THE 30 th OF JANUARY, 2025
CRIMINAL APPEAL No. 11107 of 2024
MAHAVEER PATEL AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Mr. Madan Singh - Advocate for appellant.
Mr. Sunil Gupta - Panel Lawyer for State.
JUDGMENT
With the consent of the parties, the matter is heard finally.
This appeal under Section 374 (2) of the Cr.P.C. has been preferred by the
appellants being aggrieved and dissatisfied with the judgment of conviction and
sentence dated 09.09.2024 passed by Special Judge, Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, 1989, District-Rewa (M.P.) in
Special Case No.58 of 2017 whereby the appellants have been convicted for the
offence punishable under Section 323 read with Section 34 (on three counts) of the
Indian Penal Code read with Section 3(2)(V-a) (on three counts) of the Scheduled
Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and sentenced
to undergo R.I. for 3 months (on three counts) with fine of Rs.1,000/- (on three
counts) with default stipulations.
2. Prosecution case, in nutshell, is that on 30.07.2017 at about 07:00 pm,
the victim Ravi Shankar Adiwasi was standing before his house. The appellants
who were the neighbourer in which one of them Adesh Singh Patel came out from
his home and started abusing the victim and caught hold and knocked down him
NEUTRAL CITATION NO. 2025:MPHC-JBP:5001
2 CRA-11107-2024
and started assaulting. On his cry for help, his mother came out to rescue him, on
that, appellant No.2 Adesh Singh Patel assaulted his mother. On hearing the voice
of quarrel, his grand-father Ramashray Adiwasi (PW-2) intervened, on that
appellant No.1 Mahaveer Patel armed with lathi came and assaulted his grand-
father Ramashray Adiwasi (PW-2) and when his mother intervened, appellant
No.1 Mahaveer Patel also assaulted his mother. On hearing the cry, nearby
persons came there and after that the appellants left the place threatening to life.
The complainant lodged the F.I.R at Police Station-Chakghat, District -Rewa on
that basis Crime No.73 of 2017 for the offence punishable under Sections 294,
323, 506 read with 34 of the Indian Penal Code and under Sections 3(1)(r), 3(1)(s)
and 3(2)(v-a) of the Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 was registered. The injured persons were medically
examined. A lathi was recovered from appellant No.1 Mahaveer Patel. The
accused/appellants were arrested. After completion of investigation, charge-sheet
was filed before the competent Court.
3. Trial Court framed charges against the appellants for the offence
punishable under Sections 294, 323 read with 34 (on three counts) & 506 of the
Indian Penal Code and Section 3(1)(r), 3(1)(s), 3(2)(v-a) of the Scheduled Castes
and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and read over to them
who abjured their guilt and prayed for trial.
4. The trial Court examined the prosecution witnesses and the appellants has
been examined under Section 313 of the Code of Criminal Procedure and has
stated that they are innocent and have falsely been implicated in this case but have
not examined any defence witness.
5. The trial Court after hearing both the parties, convicted and sentenced
them under Section 323 read with 34 (on three counts) of the Indian Penal Code
NEUTRAL CITATION NO. 2025:MPHC-JBP:5001
3 CRA-11107-2024
read with Section 3(2)(v-a) (on three counts) of the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, 1989, hence, this appeal.
6. Learned counsel for the appellants submits that they are not challenging
the judgment on merits. Appellant No.1 Mahaveer Patel is of 80 years and
appellant No.2 Adesh Patel is of 45 years. Under Section 323 of the Indian Penal
Code, the punishment of jail sentence is not compulsory and is alternate to fine.
The appellants and the victim are the neighboures. The incident had not taken
place due to caste or community. There was a sudden fight between the parties and
they had not taken undue advantage and in that situation, appellants be acquitted
and he alternatively argued that the appellants are in custody, hence, the period of
detention be limited to the period already undergone.
7. Learned Public Prosecutor for the State has submitted that after
appreciating the evidence produced by the prosecution, the trial Court has rightly
convicted the appellants for the aforesaid offence as they have committed the
offence with the person of Scheduled Castes and Scheduled Tribes Community,
therefore, no grounds are available for reducing the jail sentence awarded to the
appellants by the trial Court, hence, he prayed for dismissal of this appeal.
8. I have heard the parties and gone through the record and verified the
factum of the case.
9. The prosecution witness Ravishankar Adiwasi (PW-1) has clearly stated
that on 30.07.2017, he was standing outside of his home and appellant No.2 Adesh
Singh Patel came and started filthy abuses and assaulted him by hands and fists,
when her mother came to rescue him, leaving him, appellant No.2 Adesh Singh
Patel started assaulting his mother. After hearing the cry, his father appellant No.1
Mahaveer Patel came and assaulted his grand-father Ramashray Adiwasi with
lathi and also assaulted the victim's mother. He lodged the F.I.R. (Exhibit-P/1).
NEUTRAL CITATION NO. 2025:MPHC-JBP:5001
4 CRA-11107-2024
10. Witness Ramashray Adiwasi (PW-2) has also supported the fact and
stated that on the date of incident, the quarrel started over transplantation of paddy
crop and stated that appellant No.2 Adesh Singh Patel assaulted Ravishankar
Adiwasi (PW-1) and when the mother of Ravishankar Adiwasi (PW-1), Munni
Devi Kol (PW-4) came to rescue, appellant No.2 Adesh Singh Patel also assaulted
his mother and when Ramashray Adiwasi (PW-2) reached there, appellant No.1
Mahaveer Patel came there and assaulted him by lathi, by which, he suffered
injury on his head and he also assaulted the mother of Ravishankar Adiwasi, Smt.
Munni Devi Kol (PW-4).
11. Smt. Munni Devi Kol (PW-4), the mother of the victim has stated that
appellant no.2 Adesh Singh Patel was abusing his son Ravishankar Adiwasi (PW-
2) and when his son objected him then appellant No.2 Adesh Singh Patel
assaulted his son and when she went to rescue, appellant No.1 Mahaveer Patel and
appellant No.2 Adesh Singh Patel assaulted her, Ramashray Adiwasi also
suffered the injury.
12. The witness Santosh Kumari (PW-3) has also supported the prosecution
case but she has stated that when she reached on the spot, she found that
Ramashray Adiwasi was lying on the road and suffered the injury and
Ravishankar Adiwasi (PW-2) also suffered the injury and blood was coming out
from his ear.
13. Dr. Sunil Manohar Singh (PW-7) has stated that on 30.07.2017, he
examined Ramashray Kol, and found a laceration measuring 5x0.5 cm in the
middle of the hand. The injury was caused by hard and blunt object. On
examination of Munni Kol (PW-4), he found that she was having a swelling in the
left elbow. The injury was defused and the margins were not clear, this injury was
NEUTRAL CITATION NO. 2025:MPHC-JBP:5001
5 CRA-11107-2024
suffered by hard and blunt object. Injury was simple in nature. In the same way,
on examination of Ravishankar Adiwasi, he found an abrasion near the pinna of
left ear that was suffered by hard and blunt surface. Injury was simple in nature.
Thus, it is clear that the injuries suffered by the victims were simple in nature and
each victim had suffered the single injury. Thus, it is also clear that the assault was
not repeated by any of the accused person.
14. This fact is further supported by the statement of Dayashankar Pandey
(PW-5) who has recorded the F.I.R (Exhibit-P/1) against the appellants. From the
statement of Suhail Waris Ansari (PW-6), it is clear that the victim belongs to the
Scheduled Tribes Community as he was a Kol as mentioned in the caste certificate
(Exhibit-P/4) and Kol Community has been mentioned in the Scheduled Tribes as
per SC/ST Amendment Act, 1976, at Serial No.25.
15. Thus, the conviction of the appellants 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 affirmed.
16. Considered on the point of sentence, it is clear that both the appellants
and the victims were neighbourers and a sudden quarrel has taken place between
the parties. The appellants have not shown any cruelty or repeated the assault.
Appellant no.1 Mahaveer Patel is of 80 years and by sending him to jail for short
sentence of three months, no purpose would be served. The appellants were in
custody for 3 days and the interest of justice would be served when their sentence
is limited to the period already undergone, hence, the appeal is partly allowed.
Conviction and sentence of fine amount passed against the appellants under
Sections 323 read with Section 34 (on three counts) of the Indian Penal Code read
with Section 3(2)(V-a) (on three counts) of the Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act, 1989 is maintained but their jail sentence is
NEUTRAL CITATION NO. 2025:MPHC-JBP:5001
6 CRA-11107-2024
reduced to the period already undergone. From the record of the trial Court is also
clear that each of the appellant has deposited the fine amount before the trial
Court.
17. Consequently, appeal is disposed of.
18. The order of the trial Court regarding the disposal of case property
maintained.
19. With the copy of judgment, the record of trial Court be sent back for
information and necessary compliance
(DEVNARAYAN MISHRA)
JUDGE
julie
