Iliyas vs The State Of Madhya Pradesh on 10 April, 2026

         NEUTRAL CITATION NO. 2026:MPHC-IND:9876




                                                             1                              CRR-1426-2020
                             IN     THE     HIGH COURT OF MADHYA PRADESH
                                                   AT INDORE
                                                       BEFORE
                                        HON'BLE SHRI JUSTICE GAJENDRA SINGH
                                           CRIMINAL REVISION No. 1426 of 2020
                                                   ILIYAS AND OTHERS
                                                          Versus
                                             THE STATE OF MADHYA PRADESH
                          Appearance:
                             Shri Rishabh Upadhyay on behalf of Shri Asif Ahmed Khan - Advocate for the
                          petitioners.
                             Ms. Usha Chouhan - GA for the respondent/State.

                                                     HEARD ON : 23.03.2026
                                                     POSTED ON : 10.04.2026
                                                                 ORDER

This Criminal Revision under Section 397 of the Code of Criminal Procedure, 1973 is preferred being aggrieved by the judgment dated 05.03.2020 passed by the Additional Sessions Judge, Badnawar in Criminal Appeal No.13/2019 arising out of judgment dated 16.05.2019 passed in Criminal Case (RCT) No.200875/2013 by the Judicial Magistrate First Class, Badnawar, District Dhar whereby the revision petitioners Iliyas, Abid and

Shokat have been convicted for the offence under Sections 323/34 (2 counts), 324/34 (1 count) of the IPC and sentenced to undergo 1 month and 3 months R.I. with fine of Rs.1,000/- and Rs.3,000/- for each count with default stipulation of 1 month and 2 months R.I. respectively regarding the incident occurred at village Kanvan and convicted and sentenced the revision petitioner Iliyas and Abid under Sections 323 r/w 34 of the IPC and sentenced to 1 month R.I. and fine of Rs.1,000/- with default stipulation of 2

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2 CRR-1426-2020

months additional R.I. regarding the incident occurred at village Nagor.

2. Facts of the case in brief are that the revision petitioners alongwith Arif @ Irfan, Imran and Maqsood were prosecuted under Sections 294, 341, 323/149 (2 counts), 506 Part-II of the IPC for committing the offence towards Parvez (PW-1) and Rameshwar (PW-10) in village Nagor at 04:15 PM on 18.08.2013 by wrongful restraint causing voluntarily injuries extending the threat to life. They were also prosecuted under Sections 294, 323/149 (2 counts), 324 r/w 149 of the IPC for committing the offence towards Parvez (PW-1) & Naved at 05:30 PM on 18.08.2023 in village Kanvan by causing voluntarily injuries to Parvez and Naved and also by causing voluntarily injuries to Sharif (PW-3) by teeth bite and uttering

obscene words in furtherance of common object of the unlawful assembly.

3. The revision petitioners alongwith other accused persons, abjured guilt and prayed for trial and to bring home the guilt prosecution examined as many as 10 witnesses including Parvez as PW-1, Anwar Kha as PW-2, Sharif as PW-3, Chitu as PW-4, Habib as PW-5, Gopal Raghuwanshi (ASI) as PW-6, Dr. Irshad @ Ishaq as PW-7, B.L. Patidar, Medical Officer as PW- 8, Mohanlal Parmar - Head Constable as PW-9 and Rameshwar as PW-10.

4. In examination under Section 313 of the Cr.P.C., 1973, the revision petitioners/accused either denied or expressed ignorance regarding the facts and circumstances appearing against them in the prosecution evidence. A defence of false implication was raised, with the submission that the father of Parvez (PW-1) had been insisting on purchasing their land. Upon their refusal, they were falsely implicated in the case. They examined Razzak as

NEUTRAL CITATION NO. 2026:MPHC-IND:9876

3 CRR-1426-2020 DW-1 in their defense.

5. Appreciating the evidence, the Trial Court convicted the revision petitioners, Iliyas and Abid, under Sections 323 read with 34 of the IPC for voluntarily causing injuries to Parvez (PW-1) at Village Nagor. Further, the revision petitioners Iliyas, Abid, and Shokat were convicted under Sections 323 read with 34 of the IPC (two counts) for voluntarily causing injuries to Parvez (PW-1) and Naved at Village Kanvan, and were sentenced to undergo rigorous imprisonment for a period of three months along with a fine of Rs. 5,000/- on each count, with a default stipulation of 15 days' rigorous imprisonment. The remaining three accused persons, namely Arif @ Irfan, Imran, and Maqsood, were acquitted from all the charges, while the present revision petitioners were acquitted of the remaining charges.

6. Challenging the judgment of the trial Court, the victim/Parvez (PW-

1) preferred Criminal Appeal No.27/2019 whereas the present revision petitioners preferred the Criminal Appeal No.13/2019. Both the criminal appeals were heard analogously. Both the appeals were allowed partially and Criminal Appeal No.27/2019 preferred under proviso to Section 372 of the Cr.P.C. was allowed to the extent that the conviction of the revision petitioners for causing the voluntarily injuries by teeth bite to Sharif (PW-3) in village Kanvan was converted from Section 323 r/w 34 to section 324 r/w 34 of the IPC and sentence was awarded for three months R.I. and fine of Rs.3,000/- with default stipulation of three months Additional R.I. The Criminal Appeal No.13/2019 was allowed to the extent that the sentence

under Section 323 r/w 34 of the IPC was motified from three months R.I. to

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4 CRR-1426-2020 one month R.I. and fine of Rs.500/- was enhanced to Rs.1,000/- with default stipulation of one month additional R.I. for each count.

7. Challenging the above judgment, this Criminal Revision has been preferred.

Heard.

8. Learned counsel for the respondent/State has opposed the revision petition.

Perused the record.

9. For the disposal of this revision petition, the following two questions arise:

Question No. 1 - Whether the Additional Sessions Judge, Badnawar, District Dhar, committed an illegality in recording the finding that an injury voluntarily caused by a teeth bite falls within the purview of Section 324 read with 34 of the IPC?

Question No. 2 - Whether both the courts below committed error in awarding a sentence of imprisonment for an offence punishable under Section 323 read with 34 of the IPC?

10. Paragraph 46 of the judgment dated 05.03.2020 in Criminal Appeal No. 27/2019 does not assign any reason for bringing the offence of voluntarily causing injury by a teeth bite within the ambit of Section 324 read with 34 of the IPC.

11. The Supreme Court in the case of Shakeel Ahmed vs. State, Delhi; (2004) 10 Supreme Court Cases 103, held that the teeth bite of a human being cannot be considered as deadly weapon as per the description of

NEUTRAL CITATION NO. 2026:MPHC-IND:9876

5 CRR-1426-2020 deadly weapon enumerated under Section 326 of the IPC. The relevant para 2 is reproduced below:-

"2. The appellant stands convicted under Section 326 read with Section 34 of the Indian Penal Code. Injuries, no doubt, are grievous as the phalanx of the index finger has been snipped off. But the allegation is that the assailant had bitten the index finger and caused the said injury. Teeth of a human being cannot be considered as deadly weapon as per the description of deadly weapon enumerated under Section 326 of the IPC. Hence the offence cannot escalate to Section 326. It can best remain only at Section 325 IPC. We, therefore, alter the conviction to Section 325 IPC read with Section 34 IPC."

12. The Appellate Court did not bother to consider the above legal position and recorded conviction of the present revision petitioners under Section 324 r/w 34 of the IPC for causing the voluntarily injuries to Sharif (PW-3) by teeth bite. Accordingly, Question No.1 is answered in favour of the revision petitioners and the conviction of the revision petitioners under Section 324 r/w 34 of the IPC is set aside.

13. Considering the statement of Parvez (PW-1), Anwar Kha (PW-2), Sharif (PW-3), Chitu (PW-4) as well as the medical report (Exhibit-P/11 and P/12) as proved through B.L. Patidar, Medical Officer (PW-8), the conviction of the revision petitioners under Section 323 r/w 34 of the IPC does not require interference and hence it is affirmed.

14. Short sentence serves no purpose as the petitioners have already undergone the sentence of 15 days from 05.03.2022 to 20.03.2022, and there is no criminal antecedents. Accordingly, this Revision Petition is partly

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6 CRR-1426-2020 allowed and affirming the conviction of the revision petitioners under Section 323 r/w 34 of the IPC, the sentence is modified to the extent that sentence of 1 month R.I. is reduced to the period already undergone. The imposition of fine does not deserve interference.

15. A copy of this order be forwarded to the concerned Additional Sessions Judge, Badnawar so that she may be aware of the legal position regarding injuries in teeth-bite cases through the Principal District and Sessions Judge where the judge is presently posted.

16. The record be remitted back to the Trial Court.

17. Certified copy be issued as per rules.

18. All interlocutory applications stand closed.

(GAJENDRA SINGH) JUDGE