Madhya Pradesh High Court
Lala @ Dharmendra vs State Of M.P. on 3 May, 2018
Equivalent citations: AIRONLINE 2018 MP 1511
1 Criminal Revision No.535/2010
[Lala alias Dharmendra Vs. State of M.P.]
HIGH COURT OF MADHYA PRADESH
BENCH GWALIOR
SINGLE BENCH:
HON. SHRI JUSTICE G.S. AHLUWALIA
Criminal Revision No.535/2010
.........Applicant: Lala alias Dharmendra
Versus
.........Respondent: State of M.P.
----------------------------------------------------------------------------------------
Shri Suresh Agrawal, counsel for the applicant.
Shri Prakhar Dhengula, Public Prosecutor for the
respondent/State.
----------------------------------------------------------------------------------------
Date of hearing : 26/04/2018
Date of Order : 03/05/2018
Whether approved for reporting :
Law laid down:
Significant paragraphs:
ORDER
(03/05/2018) Per Justice G.S. Ahluwalia, This Criminal Revision under Sections 397, 401 of Criminal Procedure Code has been filed challenging the judgment dated 22-6-2010 passed by 4th A.S.J. (Fast Track Court) Shivpuri in Criminal Appeal No.102/2010 thereby affirming the judgment dated 23-4-2010 passed by J.M.F.C. Shivpuri in Criminal Case No.709/ 2008.
2 Criminal Revision No.535/2010 [Lala alias Dharmendra Vs. State of M.P.] The applicant has been convicted under section 327 of Indian Penal Code and has been sentenced to undergo the rigorous imprisonment of 1 year and a fine of Rs.1000/- with default imprisonment.
The prosecution case in short is that on 11-4-2008 at about 12 A.M. in the night the complainant was fetching water from a public tap. The applicant asked for his cycle but the complainant refused to give his cycle to the applicant. On this issue, the applicant started abusing the complainant and when the complainant requested him not to do so, then the applicant brought a Lathi. After noticing the applicant, the complainant went inside his house, however, the applicant followed him and brought him out and assaulted the complainant by means of lathi, as a result of which, the complainant fell down on the ground and sustained various injuries on different parts of his body. The incident was witnessed by Lala Srivastava, Kundan Singh, Manju. etc. The complainant lodged the report in police station Kotwali Shivpuri on 12-4-2008 at about 12:45 A.M. in the night and on the said complaint, the police registered Crime No.230/2008 for offence under sections 327, 452, 294 and 323 of IPC. The complainant was sent for medical examination. During investigation, spot map was prepared, the statements of the witnesses were recorded, applicant was arrested and after 3 Criminal Revision No.535/2010 [Lala alias Dharmendra Vs. State of M.P.] completing the investigation, the police filed the charge sheet for offence under Sections 327, 452, 323 and 294 of IPC.
The Trial Court, by order dated 26-5-2008 framed the charges under Sections 294, 452 and 327 of IPC.
The applicant abjured his guilt and pleaded not guilty. The prosecution in order to prove its case examined Kundan Singh (PW-1), Gopal Giri (PW-2), VrindavanLal Srivastava (PW-3) Bahadur Singh (PW-4), Dr SPS Raghuvanshi (PW-5), Rajendra Kumar (PW-6), Hazarilal (PW-7) and Ravi Puri (PW-8). The applicant did not examine any witness in his defence.
The Trial Court after appreciating the evidence, which is available on record, acquitted the applicant for offence under Sections 294 and 452 of IPC and convicted the applicant under Section 327 of IPC and sentenced him to undergo the rigorous imprisonment of 1 year and a fine of Rs.1000/-.
Being aggrieved by the judgment and sentence passed by the trial court the applicant filed a criminal appeal, which has been dismissed by judgment dated 22-6-2010 passed by Fourth Additional Sessions Judge (Fast Track Court) Shivpuri in Criminal Appeal No.102/2010 and judgment and sentence passed by the trial court has been affirmed.
Challenging the judgment and sentence passed by the courts below, it is submitted by the Counsel for the applicant that even if the entire allegations are accepted as true, then no offence 4 Criminal Revision No.535/2010 [Lala alias Dharmendra Vs. State of M.P.] under Section 327 of IPC would be made out and at the most it would be an offence under section 323 of IPC and thus, the conviction of the applicant for an offence under Section 327 of IPC is bad and may be set.
It is submitted by the Counsel for the State that the trial court as well as the appellate court have considered the evidence, which is available on record, in its true perspective and, therefore, the well reasoned judgments and sentence passed by the courts do not require interference.
Heard the learned counsel for the parties. Gopal Giri (PW-2) is the complainant/victim. He has stated that the incident took place at about 12 in the night. Nav-Durga festival was going on and after fetching water, he went to temple and at that time the applicant demanded his cycle. When he refused to give his cycle, then the applicant started abusing him and caught hold of his neck and threw him on the ground and the applicant also assaulted him by Lathi, as a result of which, he sustained various injuries on various parts of his body. It is submitted by the counsel for the applicant that even if the entire allegations are accepted, then it is clear that the applicant never caused an injury to the complainant with an intention to extort his cycle. In fact, it appears that when the applicant refused to give his cycle, then his refusal made the applicant annoyed and out of that annoyance, the applicant gave a beating to the complainant 5 Criminal Revision No.535/2010 [Lala alias Dharmendra Vs. State of M.P.] and, therefore, at the most it would be a simple case of an offence punishable under Section 323 of IPC.
Considered the submissions made by the counsel for the applicant.
Section 383 of IPC and Section 327 of IPC read as under :
"Section 383. Extortion. - Whoever intentionally puts any person in fear of any injury to that person, or to any other, and thereby dishonestly induces the person so put in fear to deliver to any person any property or valuable security, or anything singed or sealed which may be converted into a valuable security, commits "extortion".
Section 327. Voluntarily causing hurt to extort property, or to constrain to an illegal act.- Whoever voluntarily causes hurt, for the purpose of extorting from the sufferer, or from any person interested in the sufferer, any property or valuable security, or of constraining the sufferer or any person interested in such sufferer to do anything which is illegal or which may facilitate the commission of an offence, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to 6 Criminal Revision No.535/2010 [Lala alias Dharmendra Vs. State of M.P.] fine."
Thus, it is clear that for making out an offence under Section 327 of IPC the prosecution must explain and prove that the injury was caused for the purpose of extorting property from the sufferer. In the present case, it is not the case of the prosecution that by show of power or by causing an injury to the complainant or by putting the complainant under fear, the applicant tried to extort some property/cycle from the complainant. On the contrary, the case is that when the complainant did not give his cycle to the applicant, then the applicant got annoyed and out of annoyance, he assaulted the complainant by means of Lathi. Under the circumstances, it cannot be said that the applicant had voluntarily caused hurt to the complainant in order to extort property or to constrain to an illegal act.
Under the facts and circumstances, this Court is of the considered opinion that the conviction of the applicant for an offence under section 327 of IPC is not made out, however, the prosecution has succeeded in establishing that the applicant had assaulted the complainant, as a result of which, he had sustained 8 contusions on his lower back, left arm, left hand, right side of neck, right buttock, right thigh posterior aspect, left buttock and left knee joint. The complainant was medically examined by Dr SPS Raghuvanshi (PW-5), who had found the above-mentioned injuries on the body of the complainant and MLC report of the 7 Criminal Revision No.535/2010 [Lala alias Dharmendra Vs. State of M.P.] complainant is Ex.P/6. Under these circumstances, the prosecution has succeeded in establishing beyond reasonable doubt that the applicant has committed an offence punishable under Section 323 of IPC.
Accordingly, the conviction and sentence of the applicant for an offence under section 327 of IPC is set aside and in place of an offence under Section 327 of IPC, the applicant is convicted under Section 323 of IPC.
The applicant had remained in jail for a period of 26 days during trial and he was convicted by judgment and sentence dated 23/4/2010. Although the appellate court had suspended the sentence but it appears that he did not furnish bail. The appellate court dismissed the appeal by judgment and sentence dated 22/5/2010 and this Court granted bail by order dated 14/7/2010. Thus, he remained in jail for a period of 83 days after the judgment by Trial Court. Thus, the applicant had remained in jail for a period of 109 days. The jail sentence for a period of detention already undergone by the applicant would meet the ends of justice. However, as various injuries were caused by applicant, therefore, fine amount is enhanced to Rs.15,000/-. The applicant is directed to deposit the enhanced amount within a period of two months, in default he shall undergo the rigorous imprisonment of three months. Accordingly, the judgment and sentence dated 23/4/2010 passed by the JMFC, Shivpuri in 8 Criminal Revision No.535/2010 [Lala alias Dharmendra Vs. State of M.P.] Criminal Case No.709/2008 and judgment dated 22/6/2010 passed by Fourth Additional Sessions Judge (Fast Track Court) Shivpuri in Criminal Appeal No.102/2010 are hereby modified to the extent mentioned above.
The Criminal Revision is, accordingly, disposed of.
(G.S. Ahluwalia) Judge 03/05/2018 Arun* Digitally signed by ARUN KUMAR MISHRA Date: 2018.05.03 17:55:39 +05'30' 9 Criminal Revision No.535/2010 [Lala alias Dharmendra Vs. State of M.P.] HIGH COURT OF MADHYA PRADESH, JABALPUR, BENCH AT GWALIOR Criminal Revision No.535/2010 .........Applicant: Lala alias Dharmendra Versus .........Respondent: State of M.P. ORDER post for 03/05/2018 (G.S. Ahluwalia) Judge 02/05/2018