Madhya Pradesh High Court
Sukhvinder @ Pappu Sardar vs The State Of Madhya Pradesh on 13 August, 2019
1 CRA-6381-2019
The High Court Of Madhya Pradesh
CRA-6381-2019
(SUKHVINDER @ PAPPU SARDAR Vs THE STATE OF MADHYA PRADESH)
Indore, Dated : 13-08-2019
Shri Harshwardhan Sharma, learned counsel for the
appellant.
Shri R.K.Pathak, learned Public Prosecutor for the
respondent/State.
With the consent of the parties the appeal is heard finally. The appellant is convicted for offence under Section 452 and 325 of IPC and awarded three years R.I. with fine of Rs.3,000/-, Rs.5,000/- and in default of payment of fine to further undergo six months, one year R.I. respectively, vide judgment dated 14.06.2019 passed by the Ist Additional Sessions Judge, Biaora, district Rajgarh in S.T.No.498/2015.
2. The facts of the case are that the complainant Bablu was Chowkidar at the farm house of Bhagwan Singh Shivhare situated in village Bailas. On 09.11.2015, Beeram Sondhiya and Dayal Sondhiya alongwith their companions entered into the poultry farm after breaking the door. They demanded Rs.200/-
2 CRA-6381-2019 for purchasing liquor and also chicken. As the Chowkidar refused to comply their demand, they beat him by sticks. Beeram inflicted injury by stick on his head and Dayal inflicted injury by stick on his left wrist. On medical examination, radius bone of the complainant was found fractured. The matter was reported to the Police by the injured and a case was registered as Crime No.458/2015 for offences under Section 452,323,34,506 and 327 of IPC. After investigation, the Police filed charge sheet which ended in the conviction of the appellant as stated above.
3. The appellant has preferred this appeal on the grounds that he was not named in the FIR or even in the police statement by the complainant Bablu, PW-8. No Test Identification Parade was conducted during investigation. There is no specific allegation against him. No other witness, except the complainant has supported the case of the prosecution, therefore his conviction recorded by the trial Court is against the law and facts available on record and the appellant is entitled for acquittal.
4. The learned Public Prosecutor has opposed the contentions advanced by the learned counsel for the appellant but has fairly 3 CRA-6381-2019 admitted that the appellant was neither named in the FIR nor in the police statement Ex.P-2 of the complainant, no other specific allegation is against him and the fact that no Test Identification Parade was conducted during the investigation.
5. In this background, when I have visited the statement of the witnesses examined by the prosecution before the trial Court particularly the statement of the complainant/injured Bablu PW- 8, who has admitted even before the trial Court that he was not acquainted with the appellant. He never named him in the Dehati Nalishi Ex.P-5 and the police statement Ex.P-2. He further has not made any specific allegation against the appellant in the Dehati Nalishi. Similar is the situation of the police statement of the complainant. There are specific allegations against Beeram Sondhiya and Dayal Sondhiya. There is nothing on record as to how the complainant has identified the present appellant. None of the other witnesses have stated anything against the present appellant and no other evidence is available on record indicating the complicity of the appellant in the alleged crime. In such a situation the case of the prosecution becomes doubtful against 4 CRA-6381-2019 the present appellant, therefore, his conviction and sentence cannot be held proved beyond all reasonable doubts.
6. Consequently, extending the benefit of doubt, the appellant is acquitted from the charges under Sections 452 and 325 of IPC. He be set at liberty forthwith, if not required in any other case. Fine amount, if deposited, be refunded back to him.
7. Consequently, I.A.No.6216/2019 stands closed.
8. The order of the learned trial Court regarding disposal of the case property is hereby confirmed.
With the aforesaid, the appeal stands allowed and disposed of.
(VIRENDER SINGH) JUDGE RJ Digitally signed by Reena Joseph Date: 2019.08.14 17:12:12 +05'30'