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2008 DIGILAW 517 (MP)

Pappu v. State of M. P.

2008-04-01

B.M.GUPTA

body2008
JUDGMENT 1. This revision is for impugning the judgment dated 27th November, 2002, passed by First Additional Sessions Judge, Bhind, in Criminal Appeal No. 138/02, whereby the learned Judge has affirmed the judgment of conviction passed by Judicial Magistrate, Lahar, district Bhind in Criminal Case No. 97/96 for the offence punishable under section 326 read with section 34 of IPC imposing one year's rigorous imprisonment along with fine of Rs. 500/- each. 2. The impugned judgment has been assailed by Shri Madhukar Kulshrestha, the learned advocate on behalf of the petitioners only on two counts : -- (1) That, the grievous hurts found at the person of the injured were caused by lathi and not by any sharp, penetrating, shooting or other types of dangerous weapons. Hence the conviction under section 325/34 of IPC was justified. (2) That, imposing one year's rigorous imprisonment is excessive. The jail sentence of the petitioners ought to be reduced to already undergone by them which is a period of one month and seven days. Both the cause have been countered by Shri Bharadwaj for the State. 3. On perusal of the impugned judgment, it appears that three accused were convicted and the present revision was filed by all the three accused persons. But during pendency of this revision, petitioner No.2 Shayamveer has died, hence, his name has been deleted. Now, before this Court, petitioner No.1 and 3 Pappu arid Kallan are there, on whose behalf, the aforesaid contentions have been advanced. 4. Vide paragraph 2 of the impugned judgment, Pappu inflicted injuries by axe, Kallan by ballam and Shyamveer by lathi. As per the statement of Dr. R.P. Verma (PW1), two grievous hurts i.e. fractures were found at the person of injured Kishorilal on 26th October, 1996. Rest of the injuries were simple in nature. Vide paragraph 3 of the statement of this witness, it appears that the corresponding injuries of these two fractures were the injuries inflicted by blunt weapon. Only lathi was the blunt weapon which was carried by deceased Shyamveer. As per paragraph 2 of the impugned judgment, he inflicted lathi blows at right and left leg of the injured and both these fractures have been found (1) in left tebia and (2) in right fibula. Thus, both these grievous hurts appears to be caused by lathi and not by axe or ballam. As per paragraph 2 of the impugned judgment, he inflicted lathi blows at right and left leg of the injured and both these fractures have been found (1) in left tebia and (2) in right fibula. Thus, both these grievous hurts appears to be caused by lathi and not by axe or ballam. In view of this, the contention of Shri Kulshrestha appears to be sustained that the conviction ought to have been under section 325/34 of IPC. 5. Although, Shri Bharadwaj has drawn attention at paragraph 14 of the impugned judgment in which it is observed that these injuries were caused by lathi, ballam and axe. But on perusal of the paragraph as a whole, it appears that the learned Judge has given this observation with regard to all the injuries and not with regard to the grievous hurts only. 6. With regard to the quantum of sentence, looking to the nature and number of injuries, the contention of Shri Kulshrestha does not appear justified. Vide statement of Dr. R.P. Verma (PW 1), total eight injuries were inflicted to the injured. Out of which, two were grievous in nature and two were at the head which is a vital part of the body. The act of the three persons inflicting such number of injuries to one person cannot be considered of such a nature for which the aforesaid period undergone ought to be imposed as a jail sentence. In my opinion, minimum three months jail sentence ought to be imposed upon the petitioners while enhancing the fine amount. 7. Consequently, the revision is partly allowed. Conviction of the petitioners under section 326/34 of IPC is set aside. Instead they are convicted for the offence punishable under section 325/34 of IPC, their jail sentence is also reduced from one year to three months. But, at the same time, fine sentence is enhanced from Rs. 500/- Rs. 2,000/- to each. It is submitted that all the three petitioners had deposited the fine already imposed which shall be adjusted in this amount. Out of this amount of Rs. 4,500/-, Rs. 3,000/- will be given to Kishorilal, S/o Balbeer Singh Baghet, r/o Raykot, P.S. Raun, as compensation.