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2021 DIGILAW 283 (MP)

Ashok Kumar v. State of M. P.

2021-03-01

G.S.AHLUWALIA

body2021
1. This criminal revision under section 397/401 of CrPC has been filed against the judgment and sentence dated 29.1.2021 passed by Second Additional Judge to the Court of First Additional Sessions Judge Datia in Criminal Appeal No.43/2017, arising out of the judgment and sentence dated 19.7.2017 passed by JMFC, Datia in Criminal Case No. 151/2016 by which the applicants have been convicted under section 325 read with section 34 of IPC and have been sentenced to undergo the rigorous imprisonment of six months with a fine of Rs.500/- with default imprisonment. 2. This Court, by order dated 8.2.2021, had observed that there is a very little scope of interference in the merits of the findings of the Trial Court as well as the Appellate Court. Accordingly, the Counsel for the applicants had prayed for some time to argue on the question as to whether the benefit of probation under section 360 of CrPC or under the Probation of Offenders Act, 1958 is admissible to the applicants who happen to be aged about 60 years and 26 years respectively or not? 3. Thereafter, on 16.2.2021, the State Counsel was directed to seek instructions as to whether the applicants have any criminal antecedents or previous conviction or not? Thereafter, the applicants and the complainant filed an application under section 320(2) of CrPC for compounding the offence with the permission of this Court, which was registered as IA No 6246 of 2021 and this Court, by order dated 24.2.2021, had directed the complainant and victim to appear before the Principal Registrar of this Court for recording of their statements to enable this Court to assess the genuineness or otherwise of their intention to compound the offence in question. 5. Accordingly, the complainant and victim, namely, Devendra Bhargava and Sahdev Bhargava appeared before the Principal Registrar of this Court and expressed that they are now not interested in further prosecution of the applicants and accordingly, the Principal Registrar of this Court has given the following report :-- ''After verifying from Complainant/ Injured Devendra and Sahdev Bhargava, that they submits that they have compromised with Accused/ Petitioners voluntarily, without any threat, inducement and coercion. According to Sec. 320 of CRPC the Offences U/s. 325, 34 of IPC is compoundable.'' 6. According to Sec. 320 of CRPC the Offences U/s. 325, 34 of IPC is compoundable.'' 6. Since the offence under section 325 of IPC is compoundable with the permission of the Court, therefore, before granting permission, this Court thinks it apposite to consider the nature of allegations as well as the injuries caused to the victim Sahdev Bhargava. 7. According to the prosecution case, the applicants were trying to lay down the electricity wire in an illegal manner. When the victim Sahdev Bhargava objected to it and insisted that the applicants must deposit the electricity bill and only thereafter, they must utilize the electricity connection, then, the applicants started abusing the victim Sahdev Bhargava and assaulted him by lathis as a result of which, he sustained various injuries on different parts of his body. Accordingly, 108 Ambulance was called and the injured was taken to District Hospital, Datia and FIR (Ex.P1) was lodged by complainant Devendra Bhargava in Police Station Jigna, District Datia. 8. The victim Sahdev Bhargava was medically examined and one contusion of 3x3 cm on the left hand, ½ of the radius region with swelling and redness and pain and tenderness on the left side of back without swelling and reddish was seen. X-ray of left hand was advised and accordingly, fracture of lower half of left ulna bone of left forearm was seen. X-ray report is Ex.P8. MLC report of Sahdev Bhargava is Ex.P7 (in the MLC report, part of the body on which injuries were caused, is described as ''forehand'' in place of ''forearm''). 9. The trial Court, after considering the evidence of the witnesses as well as defence taken by the applicants, convicted the applicants for offence under section 325 r/w section 34 of IPC and sentenced them to undergo the rigorous imprisonment of six months with a fine of Rs.500/- with default imprisonment of one month. 10. Being aggrieved by the said judgment and sentence of the trial Court, the applicants preferred an appeal which too has been dismissed by the impugned judgment and sentence dated 29.1.2021 passed by Second Additional Judge to the Court of First Additional Sessions Judge Datia in Criminal Appeal No.43/2017. 11. If the allegations made against the applicants are considered, then it is clear that the incident took place on consumption of electricity in an illegal manner without depositing the electricity bill. 11. If the allegations made against the applicants are considered, then it is clear that the incident took place on consumption of electricity in an illegal manner without depositing the electricity bill. However, the prosecution has not examined any officer of Electricity Department to substantiate its allegation that the Electricity Bill was outstanding against the applicants. 12. Be that as it may. 13. It appears that two injuries were caused to the victim Sahdev Bhargava and one was caused on his left forearm, whereas another was caused on his back. The injuries sustained by the victim on his left forearm also resulted in fracture of lower half of left ulna bone. The applicants are facing trial for the last four years. After dismissal of their criminal appeal, the applicants were sent to jail. It is further clear that the applicants have already undergone jail sentence of one month out of total sentence of six months, awarded by the trial Court. 14.Taking into consideration the cumulative facts and circumstances of the case, this Court is of the considered opinion that permission can be granted to parties to compound the offence under section 320(2) of CrPC. Accordingly, in the light of verification report submitted by the Principal Registrar of this Court, IA No.6246/2021 is hereby allowed. The compounding of offence is permitted. 15. As a consequence thereof, the judgment and sentence dated 29.1.2021 passed by Second Additional Judge to the Court of First Additional Sessions Judge, Datia in Criminal Appeal No.43/2017 and the judgment and sentence dated 19.7.2017 passed by JMFC, Datia in Criminal Case No.151/2016 are hereby set aside. The applicants are acquitted of the charge under section 325/34 of IPC. 16.With aforesaid observations, the criminal revision is finally disposed of.