Madhya Pradesh High Court
The State Of M.P. vs Nandram & Ors on 22 February, 2012
1
Cr.A.No.1120/1996
HIGH COURT OF MADHYA PRADESH : JABALPUR
SINGLE BENCH : TARUN KUMAR KAUSHAL, J.
CRIMINAL APPEAL NO.1120/1996
Appellant: The State of Madhya Pradesh
Vs.
Respondent Bhuwan S/o Rajaram Pawar,
aged 35 years.
For Appellant/State : Shri R.S. Shukla, Panel Lawyer
For Respondent : Shri Pranay Gupta, Advocate
JUDGMENT
22.02.2012 This appeal has been preferred by State under Section 377 (2) of the Code of Criminal Procedure, 1973, challenging the inadequacy of sentence passed by J.M.F.C., Balaghat in Criminal Case No. 500/1995, sentencing the respondent vide judgment dated 01.02.96 with fine of Rs.500/ under Section 326 of IPC, in addition to sentence till rising of the Court.
2. Vide impugned judgment, trial Court in addition to respondent also convicted 8 accused persons under Section 323 of IPC and sentenced them with fine of Rs. 300/. Though State preferred appeal against them also, but leave was granted in respect of respondent only.
3. Facts of the case, in short, are that on 07.11.86 at about 07:00 p.m. respondent and 8 others entered into the house of Soma (PW1) and started beating of inmates. In this incident, Soma (PW1), Puranlal (PW2), Parwati Bai (PW8), Chhoteya @ Premlal (PW9) sustained injuries. Soma (PW1) lodged FIR at Police Station Kirnapur. A case at Crime No.180/86 under Section 147, 148, 452, 326, 324, 323 and 149 of IPC was registered against 2 Cr.A.No.1120/1996 the respondent and 8 others. Injured persons were sent for medical examination. Puranlal (PW2) was advised for Xray of head injury. There had been a fracture of parietal temporal bone on the person of PW2. After completing investigation, Police Kirnapur, citing 10 witnesses, submitted a chargesheet against the respondents. Trial Court framed charges accordingly against the respondents. Respondents abjured guilt.
4. To substantiate the case of prosecution, statements of Soma injured (PW1), Puran Lal injured (PW2), Dr. H.K. Kamre (PW3), Madanlal, S.I. (PW4), Dr. K.K. Khosla (PW5), Bhaiyalal (PW6), A.K. Pandey, Sub Inspector (PW7), Parwatibai injured (PW8), Chhoteya @ Premlal injured (PW9) were recorded. After appreciating the aforesaid evidence, trial Court acquitted the respondent of all other charges but convicted the respondent under Section 326 of IPC and sentenced to TRC and with fine of Rs. 500/.
5. This appeal has been preferred under Section 377 (2) of the Code of Criminal Procedure, 1973, challenging the adequacy of the sentence on the grounds that in view of the gravity of the injuries sustained by PW2 sentence of Rs.500/ fine is inadequate. For causing grievous injury by sharp edged weapon on head sufficient jail sentence should have been awarded. On the other hand, it is submitted by learned counsel for the respondent that there is no evidence that respondent is the author of incised wound sustained by PW2. PW2 himself stated that respondent assaulted on his head with lathi. PW1 stated that respondent assaulted axe on his head whereas there is no conviction and sentence in respect of sharp edged weapon injury caused to Soma (PW1). It is further submitted that independent witness Bhaiyalal (PW6) did not see the respondent on the spot. Similarly, Parwatibai (PW8) also stated that respondent was on the spot or not is doubtful. Learned counsel for the respondent further pointed out the discrepancies in medical evidence also because MLC report Ex.P2 indicates injury on parietal region whereas evidence of Xray fracture was found on parietal temporal region. It being a case of free fight amongst the nine persons, it is difficult to hold that respondent is the author of main injury sustained by PW2.
3 Cr.A.No.1120/19966. Considering the entire evidence on record, I find it not feasible to disturb finding and conviction given by the trial Court. Respondent did not choose to prefer an appeal against his conviction under Section 326 of IPC given by the trial Court. In such situation there is no occasion to give any observation or finding in respect of conviction of the respondent.
7. On considering the avernments of learned counsel for both the parties, on perusal of evidence of PW2 and medical evidence, I am of the view that fine sentence of Rs.500/ for conviction under Section 326 definitely insufficient and is on lower side. In so far as jail sentence is concerned, as submitted by learned counsel for the respondent that after 26 years of the incident no useful purpose would be served in sending respondent to jail. However, in the interest of justice, fine sentence is enhanced from Rs.500/ to 2,000/. In default of payment of fine respondent shall undergo simple imprisonment for one month.
8. As discussed above, appeal is allowed. For an offence under Section 326 of IPC fine sentence of Rs.500/ is enhanced to 2,000/. No case of awarding of jail sentence is made out. Appeal is allowed as above.
9. Respondent is directed to remain present in trial Court on or before 10th April 2012 for depositing of balance fine amount or to undergo the simple imprisonment, as the case may be.
(TARUN KUMAR KAUSHAL) JUDGE ak