High Court Madhya Pradesh High Court

Phool Singh & Ors. vs State Of M.P on 5 October, 2010

Madhya Pradesh High Court
Phool Singh & Ors. vs State Of M.P on 5 October, 2010
        HIGH COURT OF MADHYA PRADESH : JABALPUR

                   Criminal Appeal No. 599/1996

1.     Phool Singh S/o Uttam
       Singh aged 32 years.

2.     Uttam Singh S/o Budh Singh
      aged about 67 years

3.    Hira Singh S/o Uttam Singh
      aged about 24 years

4.    Rajjan alias Udbad Singh
      S/o Uttam Singh aged 26 years
All R/o village Golhi Mudia, PS Devendra
Nagar, Th. Devendra Nagar Dit.Panna MP
                                                        APPELLANTS

                              VERSUS

The State of Madhya Pradesh                             RESPONDENT


Shri Surendra Singh , Sr. Advocate with Shri Maneesh Mishra Adv.
                          for appellants.
     Shri Prakash Gupta, Panel Lawyer for respondent/State.

      Judgment Reserved on          01.10.2010
      Judgment Delivered on         05.10.2010

                            JUDGMENT

By feeling aggrieved from the judgment and conviction dated

14.3.1996 passed by Shri R.S. Rathor, Additional Sessions, Judge, Panna in

Sessions Trial No.68/93 in which appellants Phool Singh, Uttam Singh

and Heera Singh have been awarded sentence to R.I. for one year and

fine of Rs.500/- each in default 3 months’ rigorous imprisonment for the

offence u/s 323 IPC. Appellant no.4 Rajjan alias Adbad Singh has been

convicted for the offence u/s 323 and has been awarded sentence to R.I.

for one year and fine of Rs.500/- in default 3 months’ rigorous

imprisonment and u/s 325 of IPC and has been awarded sentence to R.I.

for two years and fine of Rs.1,000/- in default 3 months’ rigorous

imprisonment.

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2. Briefly prosecution case is that on 25.7.1993, at about 7.00 p.m.,

Haridin (PW 2), Ghesitia (PW 3) and Tara Bai (PW 8) were picking

mangoes from the mango tree in the field. The appellants assaulted them

and caused simple injuries to Ghesitia (PW 3) and Tara Bai (PW 8) .

Haridin (PW 2), was beaten by appellant no.2 Uttam Singh, whose head

injury was found to be grievous.

3. Trial Court has converted the conviction u/s 325 IPC from 307/34

IPC.

4. Heard both the sides.

5. Learned counsel for the appellant has not questioned the guilt. He

has only assailed his argument on the quantum of punishment.

6. Learned counsel for the appellant submitted that complainant

Harideen (PW 2) was examined by Dr. M.K. Naik (PW 7) who found

depressed wound measuring 3″ x ½” on the scalp/head strait in line with

other two minor bruises. Dr. M.K. Naik (PW 7) opined that this injury as

grievous in nature but this has been opined without any x-ray report etc.

7. Learned counsel for the appellant further submitted that since

there was no fracture so by merely saying that the injury was dangerous is

of no essence and if the injury was dangerous to life the accused could

have been punished u/s 307 IPC not u/s 325 of IPC.

8. According to Section 320 of IPC, any hurt which endangers life or

which causes the sufferer to be during the space of twenty days in severe

bodily pain, or unable to follow his ordinary pursuits will be grievous hurt/

dangerous. But no fact has been proved that the complainant was unable

to work for more than twenty days, due to this injury so this injury will be

presumed to be only simple in nature.

9. Looking to the facts of the case I am of the view that the

complainant Harideen (PW 2) was also having simple injury and not

grievous one, so conviction u/s 325 IPC is not sustainable and I am in full
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agreement with the learned counsel for the appellants that the conviction

of the appellant no.4 Rajjan alias Adbad Singh for the offence u/s 325 IPC

is not maintainable.

10 Learned counsel for the appellant further submitted that the

incident is of more than 17 years’ back and jail sentence may be more

harassment.

11. Looking to the circumstances of the case fine amount awarded to

the appellants is enhanced from Rs.500/to Rs.1,000/ each and they will

deposit Rs.500/- more. Each of the appellants will deposit Rs.500/-

more before the trial Court. Appellant no.4 Rajjan alias Adbad Singh will

further deposit Rs.1,000/- for the offence u/s 323 IPC on account of injury

caused to complainant Harideen (PW 2). On their depositing the amount

the imprisonment of jail sentence awarded to the appellants are set aside

against each of the appellants. They will deposit this amount within a

period of three months from today otherwise they will suffer S.I. for three

months in case of default. The appellants are on bail their bail bonds are

ordered to be discharged on the condition that they should deposit the

enhanced fine amount.

12. If amount is deposited by each of the appellants then Rs.500/-

each will be given to Haridin (PW 2), Ghesitia (PW 3) and Tara Bai (PW

8) as compensation u/s 357 Cr.P.C.

The appeal allowed in part.

(M.A.Siddiqui)
Judge.

Ag/