Rajendra Singh vs State Of M.P.
2025 Latest Caselaw 1268 MP

Madhya Pradesh High Court

Rajendra Singh vs State Of M.P. on 8 July, 2025

Author: Anil Verma

Bench: Anil Verma

         NEUTRAL CITATION NO. 2025:MPHC-GWL:13959




                                                               1                              CRA-587-2007
                               IN     THE      HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                          BEFORE
                                              HON'BLE SHRI JUSTICE ANIL VERMA
                                                     ON THE 8 th OF JULY, 2025
                                                CRIMINAL APPEAL No. 587 of 2007
                                                         RAJENDRA SINGH
                                                              Versus
                                                          STATE OF M.P.
                            Appearance:
                                    Shri S.N.Seth - Advocate for the appellant.

                                    Shri Harish Sharma - 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 16.07.2007 passed by Special Judge, Bhind in S.T.No.47/2006, whereby the appellant has been convicted for the offence under Section 451 of IPC and sentenced to undergo six months' RI with fine of Rs.500/- and under Section 323 of IPC and sentenced to undergo 3 months' RI with fine of Rs.500/-, with usual default stipulations.

2. Prosecution story, in short, is that on 26.02.2006 at about 4:00 PM, when the complainant- Raj Kumari went to fill water from the hand-pump near the house of Raghu Kori, at that time appellant/accused and co-accused- Buddh Singh came there and said "Kori wali, you have made the hand pump impure" and thereafter thrown her utensils. When she objected, appellant and other co-accused started abusing her in filthy language and said you will not

NEUTRAL CITATION NO. 2025:MPHC-GWL:13959

2 CRA-587-2007

fill water from here anymore. Present appellant along with co-accused Buddh Singh pushed her and also committed maarpeet, due to which she sustained injuries on her head and other parts of the body. Complainant lodged an FIR in relation to Crime No.30/2006 at Police Station- Umari, District- Bhind. MLC of complainant has been conducted by Dr. Ajeet Mishra (PW-7). After completion of investigation, charge-sheet has been filed against the present appellant and other co-accused before JMFC, Bhind who has committed the matter to Special Judge, Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, Bhind.

3. The Trial Court has framed the charges under Sections 452, 323 in alternative 323/34 of IPC and Sections 3(1)(5) and 3(1)(10) of SC/ST Act

Act against the appellant.

4. Appellant abjured his guilt and took a plea that he has been falsely implicated in the matter. The Trial Court after completion of trial and scrutinizing the evidence available on record, acquitted the appellant from charges under Sections 452, 323/34 of IPC and Sections 3(1)(5) and 3(1)(10) of SC/ST Act and convicted the appellant for offence punishable under Sections 451 and 323 of IPC. Being aggrieved by the aforesaid conviction and sentence, the appellant preferred this appeal before this Court.

5. During course of the argument, learned counsel for the appellant did not press this criminal appeal on merits and he is only assailing the final part of the impugned judgment. He confined his arguments on the point of sentence only. Appellant has faced trial for long 19 and half years and is

NEUTRAL CITATION NO. 2025:MPHC-GWL:13959

3 CRA-587-2007 aged around 64 years. He is old, sick and infirm. During trial, the appellant remained in custody for the period of 1 day i.e. 03.03.2006 to 04.03.2006. Consequently, leaned counsel for the appellant prays for reduction of jail sentence to the period already undergone by the appellant and by enhancing fine amount.

6 . Per contra, learned counsel for the respondent/State opposed the prayer and prays for its rejection by supporting the impugned judgment.

7. From perusal of the record, this Court is of the view that no illegality has been committed by the learned Court below in convicting the appellant, hence the judgment of conviction passed by the learned Court below requires no interference and is hereby maintained.

8. So far as the period of sentence is concerned, looking to the limited prayer made by the counsel for the appellant and the nature of offence as well as the fact that appellant is facing the criminal proceedings since 2007 and has already served one day of jail sentence out of six months as awarded by the trial Court, therefore, the only purpose would be served in case, the jail sentence awarded to the appellant is reduced to the period already undergone by him by enhancing the fine amount from Rs.500/- to Rs. 2,000/- for offence under Section 451 of CrPC and maintaining the fine amount of Rs.5,00/- for offence under Section 323 of IPC, as awarded by the trial Court.

9. In the result, this appeal is partly allowed. The findings of

conviction are hereby maintained with the modification to the extent that the

NEUTRAL CITATION NO. 2025:MPHC-GWL:13959

4 CRA-587-2007 jail sentence awarded to the appellant is reduced to the period already undergone subject to depositing the aforesaid enhanced fine amount which shall be deposited before the trial Court concerned within a period of two months, failing which the appellant shall suffer jail sentence awarded by the learned Court below. Appellant is on bail. His bail bonds and surety bond shall stand discharged.

10. With the aforesaid modification, the appeal stands disposed of.

11. Certified Copy as per rules.

(ANIL VERMA) JUDGE

*VJ*