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2012 DIGILAW 1142 (MP)

Prahlad, Son of Bhaiyaji Patel v. State of M. P.

2012-11-06

A.K.SHRIVASTAVA

body2012
Judgment A.K. Shrivastava, J.;- 1. Feeling aggrieved by the judgment of conviction and order of sentence dated 15.02.2000 passed by learned Seventh Additional Sessions Judge, Jabalpur in S.T. No. 612/1996 convicting the appellant under Section 325 IPC and thereby sentencing him to suffer RI of two years and fine of Rs. 3000/- in default further RI of six months, this appeal has been preferred by the appellant under Section 374 (2) of the Code of Criminal Procedure, 1973. The facts in detail have already narrated by the Trial Court in paras 2 and 3 of the impugned judgment and for convenience they are not being reproduced. Suffice it to say that present appellant Prahlad and other co-accused persons namely Raddhu alias Radhika Prasad and Bade alias Suresh Kumar were tried for the offence punishable under Section 307 and 307/34 IPC respectively. However, learned Trial Court did not find the charges to be proved against Raddhu and Bade and acquitted them from the said charges. The appellant has been convicted under Section 325 IPC and sentenced them to suffer imprisonment as mentioned in para 1 of the impugned judgment. 2. The contention of learned counsel for the appellant is that looking to the evidence placed on record, it is not proved that appellant has committed any offence. 3. On the other hand, learned Public Prosecutor argued in support of the impugned judgment and prayed for dismissal of this appeal. 4. Having learned counsel for the parties, I am of the view that this appeal deserves to be allowed in part. 5. In the present case, injured Rakesh Rajput is examined as PW-2. On going through his evidence, it is gathered that appellant dealt lathi blow upon his head. Dr. Ravi Shankar Choudhary (PW-8) found two injuries on his person which are mentioned in MLC report, Ex. P/4. On going through the MLC report, it is found that injured has sustained contusion with swelling on left front temporal region of 4" on the skull and one contusion with swelling on mid parietal region of 3" on the skull. Another doctor Dr. Y.R. Yadav (PW-9) who as Assistant Professor in Medical College, Jabalpur and was associated with Dr. Rekha Jaiswal has categorically stated that injured sustained fracture upon his head and, therefore, according to me, the learned Trial Court did not commit any error in convicting the appellant under Section 325 IPC. 6. Another doctor Dr. Y.R. Yadav (PW-9) who as Assistant Professor in Medical College, Jabalpur and was associated with Dr. Rekha Jaiswal has categorically stated that injured sustained fracture upon his head and, therefore, according to me, the learned Trial Court did not commit any error in convicting the appellant under Section 325 IPC. 6. Appellant has already suffered jail sentence of 49 days. However, at the same time the interest of injured is also to be seen so that he may also get justice and, therefore, it would be justifiable to enhance the fine amount from Rs. 3000/- to Rs. 10,000/- (Rupees ten thousand only). Let the balance amount of Rs. 7000/- shall be deposited by the appellant on or before 31.03.2013 in the Trial Court, failing which he shall further undergo one year RI. Let the entire amount be paid to injured Rakesh Rajput, S/o Khillu Singh, R/o Village Surtalai, Thana Gohalpur, District Jabalpur who was examined as PW-2 in the Trial Court towards compensation under Section 357 of Cr.P.C. Learned Trial Court is hereby directed to do the needful in this regard. The bail bonds of this appellant shall stand cancelled only after he deposits entire amount of fine on or before said date. 7. Appellant is hereby directed to appear before the learned Trial Court on 17.12.2012 and shall deposit the balance amount of fine. If appellant is unable to deposit the balance amount on this date or deposits only part of the entire amount, learned Trial Court shall give a date to him to deposit the remaining amount and if on that date also, the appellant fails to deposit the amount, a further date may be given but that date should not go beyond 31.03.2013 and by this date appellant should deposit the balance amount of compensation, failing which he shall undergo the jail sentence of one year RI. In case appellant fails to appear before learned Trial Court on 17.12.2012, the Trial Court shall issue notice to his surety and may pass necessary order against him in accordance with law. After depositing the amount of compensation or sending the appellant to jail, the Trial Court shall intimate the Registry of this Court. The Registry is hereby directed to send the original bail bonds papers to learned Trial Court and a photocopy thereof be retained in this file. After depositing the amount of compensation or sending the appellant to jail, the Trial Court shall intimate the Registry of this Court. The Registry is hereby directed to send the original bail bonds papers to learned Trial Court and a photocopy thereof be retained in this file. It is further made clear that after entire amount of fine is deposited by the appellant, his bail bonds shall stand cancelled which shall be paid to injured. Resultantly, this appeal succeeds and is hereby allowed in part. The conviction of appellant under Section 325 IPC is hereby affirmed, however, the sentence is hereby modified to the extent indicated hereinabove. Appellant is on bail, his bail bonds shall stand discharged.