Madhya Pradesh High Court
Abdul Gani vs The State Of Madhya Pradesh on 10 April, 2024
Author: Hirdesh
Bench: Hirdesh
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE HIRDESH
ON THE 10 th OF APRIL, 2024
CRIMINAL APPEAL No. 850 of 2014
BETWEEN:-
ABDUL GANI S/O ABDUL AZIZ, AGED ABOUT 32 YEARS,
OCCUPATION: AGRICULTURE VILL. GAWLA TEH.
SANWER DISTT. INDORE (MADHYA PRADESH)
.....APPELLANT
(NONE FOR THE APPELLANT )
AND
THE STATE OF MADHYA PRADESH STATION HOUSE
OFFICER THR.PS. SANWER DISTT. INDORE (MADHYA
PRADESH)
.....RESPONDENT
(SHRI MAYANK MISHRA, LEARNED PANEL LAWYER FOR THE
RESPONDENT/STATE)
T h is appeal coming on for orders this day, t h e cou rt passed the
following:
JUDGMENT
Appellant has filed this appeal under Section 374 of the Code of Criminal Procedure against the judgment dated 27.05.2014 passed by 3rd Additional Sessions Judge, Indore in Sessions Trial No.226/2010, whereby trial Court has convicted the appellant under Section 182 of IPC and sentenced him to undergo six months' R.I. with fine of Rs.500/- and in default of payment of fine, further RI for one month.
2. Prosecution story in brief is that on 01.05.2008 appellant gave false information with intention to cause public servant to use his lawful power to Signature Not Verified Signed by: NARENDRA KUMAR RAIPURIA Signing time: 13-04-2024 20:26:01 2 cause injury to another person. It is alleged that on the false information given to S.I. Mr. S.S. Yadav (PW-1) on his report F.I.R. was registered and Kurban, Ishtekar Ali, Mushtak and Aashik were prosecuted for the offence punishable under Section 324, 323, 294, 506, 325 and 326/34 of IPC. It is further alleged that appellant gave false statement in the court. Against appellant and 4 other persons on the complaint by Mr. G.R. Goliya (PW-3) offence under Section 182, 193 and 211 was registered.
3. In trial, trial Court framed charges against the appellant which were denied by the appellant. After trial, appellant was found guilty and he was convicted and sentenced as indicated herein above. Appellant has filed this appeal being aggrieved by impugned judgment and submitted that trial Court erred in law and fact in convicting the appellant under above sections when there is no evidence available on record to prove the offence. He has further submitted that there are so many contradictions and omissions in the evidence of prosecution witnesses, therefore, their evidence should not be believed. So on all these grounds, he prays that the conviction and sentence passed against the appellant be set aside and he be acquitted from the charges.
4. Per contra, learned counsel for the State supported the judgment and prayed for rejection of the appeal.
5. Heard learned counsel for the respondent/State and perused the record.
6. After considering the statements of prosecution witnesses, it is found that they are intact in their cross-examination and there is no reason to disbelieve their evidence so in the considered opinion of this Court, trial court has not committed any error in holding the appellant guilty under Section 182 of IPC, therefore, conviction under Section 182 of IPC is upheld.
7. So far as the sentence is concerned, looking to the facts and circumstances Signature Not Verified Signed by: NARENDRA KUMAR RAIPURIA Signing time: 13-04-2024 20:26:01 3 of the case and taking into account the fact that the incident is of the year 01.05.2008 and appellant is facing trial since then and the trial court has also not given harsh punishment, hence, in the opinion of this Court, there is no need to sentence the appellant any more under Section 182 of IPC.
8. Keeping in view the facts and circumstances of the case, the sentence of imprisonment of appellant for offence under Section 182 of IPC is set aside and fine amount awarded by the trial court is upheld. Hence, the appellant is sentenced only to pay the fine amount which he has already deposited.
9. Accordingly, appeal stands partly allowed to the extent indicated above. Let a copy of this judgment be sent to the concerned trial Court.
(HIRDESH) JUDGE N.R. Signature Not Verified Signed by: NARENDRA KUMAR RAIPURIA Signing time: 13-04-2024 20:26:01