Pappu Singh @ Narendra Singh vs The State Of Madhya Pradesh on 5 January, 2024

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Madhya Pradesh High Court

Pappu Singh @ Narendra Singh vs The State Of Madhya Pradesh on 5 January, 2024

Bench: Vijay Kumar Shukla

                                                         1
                            IN    THE      HIGH COURT OF MADHYA PRADESH
                                                 AT INDORE
                                                    BEFORE
                                    HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                              ON THE 5 th OF JANUARY, 2024
                                           CRIMINAL APPEAL No. 1243 of 2022

                           BETWEEN:-
                           1.    PAPPU SINGH @ NARENDRA SINGH S/O
                                 GOVERDHAN SINGH RAJPUT, AGED ABOUT 40
                                 YEAR S, OCCUPATION: AGRICULTURE VILLAGE
                                 BORKHEDA PURVIYA, P.S. HAATPIPLIYA, DIST.
                                 DEWAS (MADHYA PRADESH)

                           2.    KESAR SINGH S/O MADHAV SINGH RAJPURT,
                                 AGED    ABOUT     44   YEARS, OCCUPATION:
                                 AGRICULTURE VILLAGE BORKHEDA PURVIYA,
                                 P.S. HAATPIPLIYA, DIST. DEWAS (MADHYA
                                 PRADESH)

                                                                                  .....APPELLANTS
                           (BY SHRI PADMNABH SAXENA, ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH THROUGH P.S.
                                 HAATPIPLIYA, DIST.DEWAS (MADHYA PRADESH)

                           2.    SANJAY S/O RAMSINGH, AGED ABOUT 35 YEARS,
                                 OCCUPATION: LABOUR VILLAGE BORKHEDA, P.S.
                                 HAATPIPLIYA DEWAS (MADHYA PRADESH)

                           3.    SUNIL S/O CHHAGANLAL, AGED ABOUT 36 YEARS,
                                 OCCUPATION: LABOUR DABANA, P.S. THIKRI,
                                 DISTRICT BARWANI (MADHYA PRADESH)

                                                                                .....RESPONDENTS
                           (SHRI SANTOSH SINGH THAKUR - PUBLIC PROSECUTOR FOR STATE) &
                           SHRI VINOD KOUSHAL-ADV. REPRESENTING RESPONDENT NO.2 IN
                           CONNECTED APPEAL ACCEPTS NOTICE ON BEHALF OF RESPONDENT
                           NO.2-SANJAY.

                                 With the consent of parties, heard finally. This court passed the
                           following:
Signature Not Verified
Signed by: MUKTA
CHANDRASHEKHAR KOUSHAL
Signing time: 05-01-2024
17:54:48
                                                                  2
                                                                  ORDER

This is appeal u/S 374 of the Cr.P.C. arising out of judgment of conviction and sentence dated 21.1.2022 passed by Special Judge, SC/ST Act, Dewas whereby the appellants have been convicted under sections 323/34 and sentenced to undergo 3 months RI with fine of Rs.100/- (two counts) each with default stipulation.

2. As per prosecution case, complainant Sanjay lodged oral report that on 13.3.2015 when he was working on the Govt. Fair Price shop appellant came there and asked him why he was working and started abusing him. Appellant No.1 slapped him and appellant No.2 Kesharsingh assaulted him with wooden stick.

When Sunil came to rescue Sanjay, then Kesharsingh assulted Sunil also with wooden stick. Appellants also used filthy language and threatened for his life. Case was registered at crime No. 101/2015 and after investigation, chargesheet was filed.

3. Trial court framed the charges for the ofence punishable under sections 323, 294, 506B of IPC and section 3(1)(10) of SC & ST (Prevention of Atrocities) Act. After conclusion of trial, trial court acquitted the appellants for the offence punishable under sections 294, 506B of IPC as well as section 3(1)(10) of SC & ST (PA) Act.

4. Counsel for appellants submits that incident took place in the year 2015. Appellants were on bail during trial and they did not misuse the liberty.

5. Considering the fact that incident is said to have taken place in the year 2015, appellants were on bail during trial and did not misuse the liberty and they maintained good conduct during this period, this Court is of the view that no purpose would be served to decide the matter on merit and sending the appellants to jail, therefore, in the interest of justice, the fine amount and compensation is enhanced.

Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 05-01-2024 17:54:48 3

6. In view of foregoing, the conviction of appellants is maintained, however, sentence of 3 months RI on both counts is set aside and in lieu of that, fine amount is enhanced from Rs.200/- each to Rs.1,000/- each and appellants are directed to pay compensation of Rs.4,000/- each. The enhanced amount shall be paid to the respondent No.2-Sanjay and respondent No.3-Sunil equally within a period of 3 months from today.

7. In view of aforesaid, the appeal is partly allowed and disposed off. If the fine amount and compensation is not deposited within the aforesaid period, the appellants shall undergo the jail sentence as awarded by the trial court.

C.c. as per rules.

(VIJAY KUMAR SHUKLA) JUDGE MK Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 05-01-2024 17:54:48

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