Sunil, Santosh, Kamal Singh And Shubham v. State Of M. P.
2020-10-09
VIRENDER SINGH
body2020
DigiLaw.ai
JUDGMENT Virender Singh, J. - This is an appeal against judgment and order dated 27/02/2020 delivered by IV Additional Sessions Judge, Shujalpur, District Shajapur in ST No.13/2019, whereby the learned trial Court has acquitted the appellants from the charge under Section 307, 506-II of IPC and has convicted them under Section 323/34 of IPC and in addition to that the appellant Sunil has also been convicted under Section 294 of IPC. The appellants have been awarded 6 - 6 months RI and a fine of Rs.500 - 500/- respectively and in addition appellant, Sunil has been awarded 2 months RI and a fine of Rs.500/- for the offence punishable under Section 294 of IPC. 2. Both the parties have filed IA No. 6535/2020 and IA No.6933/2020 for granting permission to compromise the case and to allow the compromise. They were referred to the Principal Registrar for verification of factum of compromise, who after verification has submitted a report stating that both the parties are adult and sound mind and are competent to compound the case in all respects. They have compromised the case voluntarily, without any fear, pressure, coercion, threat, or undue influence from either side. Nothing adverse is available on record to discard the joint submission of the parties. 3. Out of the offences found proved against the appellants, offence punishable under Section 323 IPC is compoundable by the victim, therefore, permission to compound the case in respect of this offence is granted and the compromise filed by the parties is accepted to the extent it relates to the offence punishable under Section 323 IPC. All the appellants are acquitted from the charge under Section 323 IPC. The fine amount, if deposited, be refunded to the depositors. 4. The offence under Section 294 of the IPC found proved against appellant Sunil is not compoundable, therefore, in this respect, with the consent of the parties, the appeal is heard finally. 5. The prosecution had come before the trial Court with a case that on account of molestation of a minor girl belonging to the family of the offenders, total 9 persons assaulted Gulab and beat him by stick, kicks and fists. They caused him life-threatening injuries. Appellant Sunil also uttered filthy abuses citing his mother and sister which caused annoyance to the complainant and the public at large. 6.
They caused him life-threatening injuries. Appellant Sunil also uttered filthy abuses citing his mother and sister which caused annoyance to the complainant and the public at large. 6. After appreciation of evidence produced by the prosecution, the learned trial Court held the appellants guilty for the offence punishable under Section 323 IPC. In addition to that Sunil also held guilty of the offence punishable under Section 294 IPC and punished them as stated above. 7. It is urged that the appellant Sunil does not want to press his appeal on merits. His limited prayer is that his custodial sentence be condoned. 8. Both parties have compromised the case. All the appellants have been acquitted from the charge under Section 323 IPC. In the wake of the compromise, no purpose would be achieved by putting the appellant Sunil in jail. 9. Therefore, the appeal is partly allowed. The conviction of the appellant Sunil under Sections 294 of the IPC and the fine imposed for this offence by the learned trial court along with the default stipulation, is maintained, but his jail sentence awarded for this offence is set aside. 10. The appeal is allowed accordingly to the extent stated here-in-above. 11. All pending IAs, if any, stand closed. 12. The order of learned Trial Court regarding disposal of case property is hereby confirmed.