Madhya Pradesh High Court
Chhidi Singh & Ors. vs The State Of M.P. Judgement Given By: ... on 7 December, 2011
HIGH COURT OF MADHYA PRADESH : JABALPUR
Criminal Appeal No. 2982/1998
Chhidi Singh and others
Versus
State of Madhya Pradesh
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For the Appellants : Shri Surendra Singh, learned senior
counsel with Shri Karan Singh,
Advocate.
For the Resp./State : Shri Akshay Namdeo, P.L.
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Present: Hon'ble Mr. Justice S.C. Sinho
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JUDGMENT
( /12/2011) Appellants have filed this appeal being aggrieved by the judgment and conviction passed by Special Judge, Seoni in special case no. 31/96 vide impugned judgment dated 20/11/98 whereby appellant nos. 1 and 2 being convicted u/s 451 of IPC has been sentenced to undergo RI for one year each and u/s 354 and 323 of IPC sentenced to undergo for 6 months each on two counts. Further, appellant nos. 3 to 5 being convicted u/s 435 of IPC sentenced to undergo RI for two years each.
2. As per the prosecution case on the intervening night of 22/03/96 at about 13.00 hours when complainant Radhiya Bai, who is a member of scheduled tribes community was in her hut appellants entered in the hut and outraged her modesty. She made hue and cry. Appellants set her hut on fire and ran away. Hearing the alarm PW-3 Ganiya Bai, PW-4 Nathuram and PW- 5 Dheer Singh reached on the spot and saw that appellants were running from the spot and the hut was on fire. On the same day, Ex.P-3 named FIR was lodged in P.S. Lakhnadon. PW-7 Ramakant Sharma, the then SDOP went on the spot, prepared Ex.P-4 spot map, Ex.P-6 nuksani panchnama and arrested the appellants. Completing the investigation, charge sheet was filed.
3. Shri Surendra Singh, learned senior counsel has submitted that the incident is more than 16 years old and now appellant no.1 has become aged about 70 years and other appellants are also settled their life therefore, a lenient view be taken against them.
4. PW-2 Radhiya Bai has very specifically stated that on the date of incident when she was sitting in her hut situated at agricultural field of appellants, they entered in her hut and tried to outrage her modesty. Meanwhile, hearing the hue and cry her husband PW-5 Dheer Singh, mother PW-3 Ganiya Bai reached on the spot and appellants set her hut on fire. PW-4 Nathuram, an independent witness has also fully corroborated the incident. Just after the incident, named FIR Ex.P-3 was lodged against all the appellants. The court below has rightly convicted the appellants u/s 451, 354, 323 and 435 of IPC.
5. Appellant no.1 Chhedi Singh is now aged about 70 years and remained in jail from 25/03/96 to 12/04/96 and from 20/11/98 to 16/12/98 (total 47 days). Appellant no.2 Rameshwar remained in jail from 8/04/96 to 12/04/96 (5 days + 28 days = total 33 days), appellant no. 3 Mair Singh remained in jail from 8/04/96 to 9/05/96 (32 days + 28 days = total 60 days), appellant no.4 Ghanshyam remained in jail from 8/04/96 to 9/05/96 (32 days + 28 days = total 60 days) and appellant no.5 Shyam @ Bora remained in jail from 8/04/96 to 9/05/96 (32 days + 28 days = total 60 days). The incident is almost 15 years ago. No previous criminal conduct of the appellants has been proved by the prosecution, they seems to be first offender. No fruitful purpose will be served by sending them for short term of sentence in jail. In these circumstances, the jail sentence awarded by the court below can be reduced to the period already undergone by them in jail.
6. Resultantly, appeal is allowed in part. Maintaining the conviction u/s 451, 354 and 323 of IPC appellant nos. 1 and 2 are sentenced for the period already undergone but u/s 451 of IPC fine amount of Rs. 5000/- each is imposed in default to suffer further RI for 5 months each, u/s 354 of IPC Rs. 2500/- each in default to suffer further RI for 2 ½ months each and Rs. 500/- u/s 323 of IPC in default to suffer further RI for 1 month each are imposed against appellant nos. 1 and 2. Further, maintaining the conviction u/s 435 of IPC appellant nos. 3 to 5, they are sentenced for the period already undergone however, the fine amount of Rs. 10,000/- each in default to suffer further RI for 10 months each is imposed on them. Out of the total fine amount of Rs. 46,000/-, Rs. 25,000/- or 60% of the recovered fine amount whichever is more shall be paid to complainant Radhiya Bai, w/o Dheer Singh, r/o village Hargondi, P.S. Lakhnadon District Seoni by way of compensation u/s 357 of Cr.P.C by the trial court within 60 days of this order from today.
7. With this modification, the appeal is allowed in part. Copy of this order be sent to the trial court for information and compliance.
(S.C. Sinho) Judge nn