Madhya Pradesh High Court
Jaisingh vs The State Of Madhya Pradesh on 20 March, 2025
NEUTRAL CITATION NO. 2025:MPHC-IND:7391
1 CRA-734-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE BINOD KUMAR DWIVEDI
ON THE 20 th OF MARCH, 2025
CRIMINAL APPEAL No. 734 of 2025
JAISINGH AND OTHERS
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Shahid Shaikh, learned counsel for the appellants.
Shri Kamal Kumar Tiwari, learned Public Prosecutor for the
respondent/State.
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.27 of 2021 by
learned Second Additional Sessions Judge, Sonkatch, District Dewas (MP),
whereby they have been convicted for offence under Sections 148, 323 r/w
149(four counts) of the Indian Penal Code, 1908 (herein after referred to as IPC)
and each of them have been sentenced to undergo rigorous imprisonment for a
term of six months R.I. 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 Dinesh Dehati Nalishi No.00 of 2021 was registered at Police
Station, Pipalrawan, District Dewas (MP) by Sub Inspector of Police, G.S.
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Verma. The story narrated is that on 04.01.2021 at about 10:00 AM, member of
his family Gulabsingh had put stone over the way due to which somebody took the
tractor into his field. On his asking as to why he has blocked the way, some
altercation took place between them and thereafter Jaisingh, Bhagwatsingh and
Gulabsingh brought pharsi, axe and sabbal along with them and hurled filthy
abuses. Gulabsingh gave a blow of pharsi on his head, Jaisingh hit with axe on his
head and Bhagwatsingh hit with sabbal on left side of jaw of his brother Balwan.
Thereafter, Mahendrapal, Dikpal, Lokendra and Harendra came there and hurled
filthy abuses and Mahendra Singh hit Balwan with pharsi, Dikpal hit with axe on
head of Balwan. Lokendrasingh hit Akesingh with stick on right leg and Harendra
also hit Lokendra with stick. Thereafter, Chandaringh came with wooden stick and
started marpeet. Seeing this Arjunsingh and Thakur Singh intervened to rescue
them. On the basis of dehati nalishi and statements, case was registered against the
appellants. 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 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 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 Counsel for the appellant
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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
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 149 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/49 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 Section 323/149 of IPC on four 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.
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9. Accordingly, this appeal is partly allowed . The conviction of the
appellants 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.2,000/- (Rupees two thousand 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
RJ
