Madhya Pradesh High Court
Dillu Alias Delan vs The State Of Madhya Pradesh on 30 November, 2015
1
HIGH COURT OF MADHYA PRADESH,
PRINCIPAL SEAT, JABALPUR
SINGLE BENCH
PRESENT: HON'BLE JUSTICE SHRI N. K. GUPTA
CRIMINAL APPEAL NO.1224/2015
Dillu @ Delan
Vs.
State of Madhya Pradesh
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For the appellant : Shri Saurabh Singh Thakur, Advocate.
For the respondent: Shri G. S. Thakur, Panel Lawyer
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JUDGMENT
(Delivered on the 30th day of November, 2015)
1. The appellant has preferred the present appeal against the judgment dated 30.1.2015 passed by the First Additional Sessions Judge, Damoh in ST. No.200/2003 whereby, the appellant has been convicted of offence under Section 326 read with Section 34 of I.P.C. and 324 of I.P.C and sentenced to three years rigorous imprisonment with fine of Rs.500/- and one year rigorous imprisonment with fine of Rs.500/-.
2. The prosecution's case in short is that on 20.1.2003 at about 9.00 a.m one Mihilal Thakur (PW10) had lodged an FIR at Police Station Damoh Dehat that two days prior to the date of FIR a quarrel took place between the sister of Delan and Batu son of the complainant Mihilal and therefore, on 20.1.2003 at about 7.30 when Batu went to a grocery shop at Village Marutal 2 Tek (Police Station Damoh Dehat, District Damoh) the appellant and his companions surrounded him and assaulted him with axe and stick. After lodging of the FIR, Dr. Y. P. Patel (PW1) examined the victim Mihilal and gave his report Ex.P/1. An incised wound was found on his left leg. Dr. Patel had also examined the victim Batu and gave his report Ex.P/2. He found that he sustained a lacerated wound of left jaw and 2-3 other wounds were found at nose, forehead and upper lip. He was referred to a dental surgeon and it was found that two teeth of Batu were broken. After due investigation the charge sheet was filed before the Chief Judicial Magistrate, Damoh who committed the case to the Court of Sessions and ultimately it was transferred to First Additional Judge, Damoh.
3. The appellant abjured his guilt. He did not take any specific plea, but has stated that he was falsely implicated in the matter. The Additional Sessions Judge after considering the prosecution's evidence acquitted the appellant from the charges of offence of Sections 506 (Part II), 294 and 341 of I.P.C. However, he was convicted and sentenced as mentioned above.
4. It appears that some of the witnesses have turned hostile. Kesar Bai (PW2), Ganga Bai (PW3), Tilak Singh (PW4), Gajraj ((PW8) etc. did not state anything against the appellant. However, Jirabai (PW7), Mihilal (PW10) and Batu Singh (PW14) have stated against the appellant. They have stated that when quarrel started the appellant Delan assaulted with an axe on 3 nose of Batu Singh and thereafter, Ramal Singh assaulted by a sword due to that his jaw was broken and lip was also cut. It was also stated that the appellant Delan also assaulted Mihilal with an axe on left leg. The testimony of the witnesses is duly corroborated by a timely lodged FIR Ex.P/16 and medical report Exs.P/1 and P/2 proved by Dr. Y.P. Patel (PW1). It is apparent that the appellant along with his companions caused a grave injury to Batu Singh with a sharp cutting weapon whereas, he caused a simple injury to Mihilal with a sharp cutting weapon. There is nothing on the record to disbelieve the witnesses and therefore, the trial Court has rightly convicted the appellant of offence under Sections 326 read with Section 34 and 324 of I.P.C.
5. So far as the sentence is concerned the trial Court has inflicted a jail sentence of three years for offence under Section 326 read with section 34 of IP.C whereas, the appellant has already remained in the custody for two years and 266 days. He is a poor person, who could not furnish the bail bonds though order relating to suspension of sentence and grant of bail was passed on 21.5.2015. Looking to the overt act where he was not author of the grave injury caused to the victim Batu Singh, he is convicted with the help of section 34 of I.P.C. He was the first offender and the quarrel was started in a spur of moment. Under these circumstances, it would be appropriate to reduce the jail sentence for the period for which he remained in the custody. Since he is a poor person and unable to deposit 4 any fine amount and then if fine continues, he will undergo for default sentence unnecessarily.
6. After considering the aforesaid discussion the appeal filed by the appellant is hereby partly allowed. The conviction of offence under Section 326 read with Section 34 and 324 of I.P.C. is hereby maintained, but sentence is reduced to the period for which he remained in the custody. Fine imposed by the trial Court of aforesaid offence is hereby removed.
7. The appellant is in jail and therefore, office is directed to issue a supersession warrant so that he may be released without any delay.
8. Copy of the judgment be sent to the Court below along with its record for information and compliance.
(N.K.GUPTA) JUDGE 30.11.2015 bina