Madhya Pradesh High Court
Inder Singh vs The State Of Madhya Pradesh on 20 November, 2025
NEUTRAL CITATION NO. 2025:MPHC-IND:33798
1 CRR-4860-2019
IN THE HIGH COURT OF MADHYA
PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE GAJENDRA SINGH
CRIMINAL REVISION No. 4860 of 2019
INDER SINGH AND OTHERS
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Navneet Kishore Verma-Advocate for the petitioners.
Shri Jayesh Yadav -GA for the respondent/State.
WITH
CRIMINAL APPEAL No. 10679 of 2019
ARVIND SINGH AND OTHERS
Versus
INDER SINGH AND OTHERS
Appearance:
None for the appellants.
Shri Navneet Kishore Verma-Advocate for the respondents.
Shri Jayesh Yadav -GA for the respondent/State.
Reserved on 13.11.2025
Pronounced on 20.11.2025
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ORDER
Criminal revision No.4860/2019 filed under section 397 r/w
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section 401 of the Cr.P.C, 1973 is preferred being aggrieved by the
judgment dated 26.09.2019 in criminal appeal no.260/2016 by 2nd
ASJ, Shujalpur, district Shajapur arising out of the judgment dated
25.06.2016 in criminal case no.1277/14 by JMFC, Shujalpur, district
Shajapur, M.P whereby the appellate court has modified by the
judgment passed by the trial court and convicted and sentenced the
revision petitioners as under:
Name of accused UnderSection Sentence Fine Default sentence
324/34 IPC 2 months RI Rs.2000/- 1 year RI
323 IPC Rs.1000/-
Inder Singh 427 IPC Rs.1,000/-
2 months RI Rs.2000/- 1 year RI
Pravin Singh 324 IPC
323/34 IPC Rs.1,000/-
427 IPC Rs.1,000/-
324/34 IPC 2 months RI
Rs.2000/- 1 year RI
Liladhar
323/34 IPC Rs.1000/-
427 IPC Rs.1,000/-
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1 year RI
324/34 IPC 2 months RI
Bhupendar Singh
323/34 IPC Rs.1000/-
427 IPC Rs.1,000/-
2. Criminal Appeal No.10679/2019 filed under proviso to
section 372 of the Cr.P.C, 1973 is preferred by the complainants
being aggrieved by the judgment dated 26.09.2019 in criminal
appeal no.260/2016 by 2nd ASJ, Shujalpur, district Shajapur arising
out of the judgment dated 25.06.2016 in criminal case no.1277/14 by
JMFC, Shujalpur, district Shajapur, M.P whereby the
appellants/complainants have prayed for setting aside the judgment
passed by the appellate court and convicting and sentencing the
accused/revision petitioners as per the trial court judgment dated
25.06.2016.
3. Facts in brief are that revision petitioners were prosecuted
under sections 324 alternatively 324 r/w section 34, 325 alternatively
325 r/w section 34, 294, 506, 427 of the IPC for committing crime
towards Arvind (PW/1) on 25.06.2014 at 6.30 p.m in village
Jabadiya Gharwas, police station Kalapipal, Shajapur and causing
loss to truck no.MP-09-GF-2611. Crime No.253/14 was registered
at police station Kalapipal, district Shajapur. After investigation, the
report was submited and regular trial no.1277/14 was registered.
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4. The revision petitioners abjured guilt and claimed for trial
and prosecution examined victim Arvind as PW/1, Kedarsingh as
PW/2, Anand Singh as PW/3, Ravi as PW/4, Raghuvir Singh as
PW/5, Medical Officer Dr.R.K.Verma as PW/6, Head Constable
Subhash Patel posted at PS Kalapipal as PW/7.
5. In examination under section 313 of the Cr.P.C, 1973 all
the facts and circumstances were either denied or ignorance was
expressed and they did not adduce any evidence in defence.
6. Appreciating the evidence, trial court convicted and
sentenced the appellants as mentioned in para-32 of the trial court
judgment.
7. In appeal, the conviction under section 325 of the IPC was
set aside and the offence of section 325 IPC was reduced to section
323 of the IPC and sentence of one year imprisonment was reduced
to 2 months RI and fine of Rs.500/- was enhanced to Rs.2,000/- and
with the aforesaid modifications the revision petitioners were
convicted and sentenced as mentioned in para-1 of the judgment.
Challenging the conviction as well as sentence, revision petition has
been preferred on the ground that the case against the victim through
crime no.252/14 was not considered. The sentence was also not
proportionate. Criminal Appeal No.10679/2019 has been preferred
on the ground of acquittal from the charges under section 325 r/w
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section 34 of the IPC and reduction of sentence under section 324 of
the IPC ignoring the evidence available on record and the nature of
offence.
8. Heard.
9. State has opposed the revision petition and supported the
criminal appeal.
10. Perused the record.
11. The appellate court has considered the factum of injuries
found on the body of Arvind as mentioned in Ex.D/3, on the body of
Leeladhar as mentioned in Ex.D/4 in para-17 & 18 of the judgment
and has rightly discarded the defence version in the light of
superficial nature of the injuries.
12. Considering the testimony of victim Arvind (PW/1), eye
witness Kedarsingh (PW/2), Anand Singh (PW/3) and driver of truck
no.MP-09-GF-2611 as PW/4, Raghuveer singh as PW/5, medical
officer RK Verma (PW/6), Head Constable Subhash Patel (PW/7)
and Nuksani Panchnama Ex.P/3, the conviction of the revision
petitioners does not call for interference and is hereby maintained.
13. Now come to the acquittal of Indersingh from the charge
under section 325 of the IPC and all the rest of the appellants from
the charge under section 325 r/w section 34 of the IPC. In para-24 to
26 of the judgment, trial court has discussed the medical evidence
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available on record regarding the nature of injuries to Arvind (PW/1)
and referred to the testimony of Dr.R.K.Verma (PW/6) in which he
examined Arvind on 25.06.2014 at community health centre,
Kalapipal and he advised to X-ray of left forearm but X-ray plate
dated 24.07.2014 taken on plate no.604 was brought before him for
opinion on 30.07.2014 in which he found an old healed fracture with
implant of rod in radius and ulna bone and referring to the delay of
29 days in taking the X-ray. Non mentioning of the factum of fixing
rod in the discharge card, the trial court did not found reasonable
doubt that ARvind (PW/1) sustained grievous injuries in the incident
dated 25.06.2014. The appellants have challenged the finding of the
appellate court that it is recorded ignoring the evidence available on
record.
14. Record of the trial court discloses that concerned
Radiologist who prepared the plate Ex.A/1 has not been examined to
prove that X-ray plate of article A/1 is related to Arvind (PW/1).
Arvind examined as PW/1 himself has not stated in his examination
that his X-ray was taken on 24.07.2014 or any implant was fixed in
his left hand. Accordingly, the finding recorded by the appellate
court in para-26 of the judgment whereby Indersingh has been
acquitted from the charge under section 325 IPC and rest of the
revisions petitioners Pravin Singh, Liladhar and Bhupendar Singh
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have been acquitted from the charge under section 325 r/w section
34 of the IPC does not call for interference.
15. Now come to the challenge to the quantum of sentence.
The appellate court has recorded the finding in para-32 of the
judgment that the incident happened in the spur of the moment due
to unloading of cement pipes from the truck. Accordingly, no case
for enhancement of sentence under section 325 IPC is made out.
The revision petitioners have been awarded a sentence of
imprisonment of 2 months RI and fine of Rs.2000/- under section
324 of the IPC. Out of the two months RI, the revision petitioners
have undergone a period of custody since 26.09.2019 to 05.10.2019
i.e. a period of 10 days. The short sentence serves no purpose.
There is no criminal antecedents of the revision petitioners.
16. Accordingly, criminal appeal No.10679/2019 has no
substance and is dismissed and criminal revision No.4860/2019 is
partly allowed and the sentence under section 324 of the IPC is
modified from 2 months RI to the period already undergone and the
fine amount of Rs.2,000/- is enhanced to Rs.10,000/-. The sentence
under section 323 and 427 IPC does not require interference. The
amount of fine shall be deposited within 60 days from the date of
judgment. In case they failed to deposit the amount of fine, then
they shall undergo a period of one month RI. All the fine amount
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deposited shall be paid to Arvind (victim), s/o Ladsingh Rajput R/o
village Jabadiya Gharwas, police station Kalapipal, district
Shajapur. all the interlocutory applications are closed. The amount
of fine already deposited shall be adjusted.
17. Copy of this judgment be forwarded to the victim
Arvind. Record be remitted back to the trial court for compliance.
(GAJENDRA SINGH)
JUDGE
hk/
