{"id":191017,"date":"2010-07-01T00:00:00","date_gmt":"2010-06-30T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/munna-and-ors-vs-the-state-of-m-p-on-1-july-2010"},"modified":"2017-06-04T20:51:59","modified_gmt":"2017-06-04T15:21:59","slug":"munna-and-ors-vs-the-state-of-m-p-on-1-july-2010","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/munna-and-ors-vs-the-state-of-m-p-on-1-july-2010","title":{"rendered":"Munna And Ors. vs The State Of M.P on 1 July, 2010"},"content":{"rendered":"<div class=\"docsource_main\">Madhya Pradesh High Court<\/div>\n<div class=\"doc_title\">Munna And Ors. vs The State Of M.P on 1 July, 2010<\/div>\n<pre>                                                        1\n\n                       HIGH COURT OF MADHYA PRADESH,\n                          PRINCIPAL SEAT, JABALPUR\n\n\n                  SB:       HON'BLE JUSTICE SHRI N. K. GUPTA\n\n                            CRIMINAL APPEAL NO.631\/1994\n\n                                          Munna and others.\n\n                                                       Vs.\n\n                                    State of Madhya Pradesh.\n\n...................................................................................................................\nShri Satish Chaturvedi, Advocate for the appellants.\nShri J.K.Jain, Deputy Advocate General for the State.\n...................................................................................................................\nDate of hearing :                   21.05.2010\nDate of judgment :                  01.07.2010\n...................................................................................................................\n\n                                               JUDGMENT\n<\/pre>\n<p>                 All the six appellants have preferred this appeal challenging<\/p>\n<p>their conviction and order of sentence passed by First Additional<\/p>\n<p>Sessions Judge, Raisen in ST No.128\/92 decided on 15\/6\/1994.<\/p>\n<p>2.               All the appellants except appellant Munna are convicted for<\/p>\n<p>offence under Sections 147, 307 read with Sections 149 and 342 of IPC<\/p>\n<p>and sentenced for rigorous imprisonment of 6 months, 3 years and 3<\/p>\n<p>months respectively, whereas appellant Munna has been convicted for<\/p>\n<p>offence under Sections 148, 307 and 342 of IPC and sentenced to<\/p>\n<p>rigorous imprisonment of 1 year, 3 years and 3 months respectively.<\/p>\n<p>3.               During the pendency of this appeal, appellant Prakash was<\/p>\n<p>found missing since last 12 years and therefore it is presumed under<\/p>\n<p>Section 108 of Evidence Act that he is no more and vide order dated<\/p>\n<p>5\/4\/2010 his appeal has been dismissed as deemed to have been<br \/>\n<span class=\"hidden_text\">                                     2<\/span><\/p>\n<p>abated.\n<\/p>\n<p>4.         According to the prosecution, on 2\/3\/1991 at about 3:00 AM<\/p>\n<p>in the morning, complainant Hari Narayan (PW-5) was sleeping with<\/p>\n<p>his brother Kashiram (PW-6) in his field situated in the territory of<\/p>\n<p>Village Mankapur. At about 3:00 AM in the morning all the appellants<\/p>\n<p>and one Gambhir came to the field and took the complainant Hari<\/p>\n<p>Narayan to the house of Prakash. They forced some cloth upon his<\/p>\n<p>mouth to avoid shouting. In the house of Prakash, accused Prakash,<\/p>\n<p>Gambhir and Prahlad held the complainant and accused Munna gave<\/p>\n<p>two blows of axe over the head and back of Hari Narayan. Accused<\/p>\n<p>Hakim , Sitaram and Ratiram had also assaulted him by hands.<\/p>\n<p>Complainant Hari Narayan was confined in the room till the morning.<\/p>\n<p>At about 12 O&#8217;clock witness Sukhram (PW-10) and Chowkidar Dammu<\/p>\n<p>came to the room and contacted the complainant Hari Narayan, who<\/p>\n<p>informed the entire incident to them. They took him to the Police<\/p>\n<p>Station in a bullock cart. Hari Narayan lodged an FIR Ex.P-9 in Police<\/p>\n<p>Station Silwani at about 4:45 PM. Police had sent the complainant for<\/p>\n<p>his medical examination. Dr. S.K.Singhai in his report Ex.P-13 has<\/p>\n<p>found that the complainant had four incised wounds at left parietal<\/p>\n<p>region, left shoulder, left scapular region and right lumbar area. In his<\/p>\n<p>opinion, injuries of scapular and left shoulder were grievous and other<\/p>\n<p>injuries were simple in nature. All the injuries could be caused by sharp<\/p>\n<p>cutting instrument. Station House Officer Shri Rajiv Vyas (PW-11) on<\/p>\n<p>investigation had seized blood stained earth, plane earth and blood<\/p>\n<p>stained pillow from the spot and prepared a seizure memo Ex.P-8.<br \/>\n<span class=\"hidden_text\">                                      3<\/span><\/p>\n<p>Similarly he had seized an axe from accused Munna from his house for<\/p>\n<p>which accused Munna had given information under Section 27 of the<\/p>\n<p>Evidence Act. The seized property was directed to forensic science<\/p>\n<p>examination. After due investigation police filed challan (charge sheet)<\/p>\n<p>before Judicial Magistrate First Class, Silwani, who committed the case<\/p>\n<p>to the Sessions Court, Raisen vide order dated 8\/5\/1992. The Sessions<\/p>\n<p>Judge, Raisen transferred the case to First Additional Sessions Judge,<\/p>\n<p>Raisen. Appellants abjured the guilt and pleaded false implication.<\/p>\n<p>5.         The learned Additional Sessions Judge on the basis of<\/p>\n<p>evidence of complainant Hari Narayan (PW-5), Kashiram (PW-6),<\/p>\n<p>Hargovind (PW-7), Aman Singh (PW-8) and Sukhram (PW-10) and the<\/p>\n<p>corroboration with FIR and medical report found that the appellants<\/p>\n<p>had made an unlawful assembly and in furtherance of their common<\/p>\n<p>object accused Munna attempted to murder the complainant Hari<\/p>\n<p>Narayan.   It   was   further   found    that   the   appellants   confined<\/p>\n<p>complainant Hari Narayan in the house of Prakash. Accused Munna<\/p>\n<p>had deadly weapons with him and therefore learned Additional<\/p>\n<p>Sessions Judge, Raisen, convicted and sentenced as mentioned in para<\/p>\n<p>2 of this judgment.\n<\/p>\n<p>6.         Heard both the parties.\n<\/p>\n<p>7.         Complainant Hari Narayan (PW-5) has stated in the trial<\/p>\n<p>Court that all the accused came to the field where he was sleeping with<\/p>\n<p>his brother Kashiram (PW-6) and took him to the residence of accused<\/p>\n<p>Prakash. In the room some of the accused has held the hands etc. of<\/p>\n<p>the complainant whereas accused Munna gave 2-3 axe blows over the<br \/>\n<span class=\"hidden_text\">                                    4<\/span><\/p>\n<p>head and back of the complainant. He has also stated that accused<\/p>\n<p>Hakim gave him some slaps whereas accused Sitaram kicked him by<\/p>\n<p>shoes. He has further stated that he remained unconscious till 6 AM in<\/p>\n<p>the morning. When Dammu came to the spot, the complainant told him<\/p>\n<p>about the incident. Thereafter Dammu @ Hargovind (PW-7) brought<\/p>\n<p>the witness Sukhram (PW-10) and ultimately Sukhram (PW-10) and<\/p>\n<p>Hargovind (PW-7) took him to the Police Station Silwani in a bullock-<\/p>\n<p>cart.\n<\/p>\n<p>8.         Witnesses Kashiram (PW-6), brother of complainant and<\/p>\n<p>Aman Singh (PW-8), father of complainant, have stated that Kashiram<\/p>\n<p>came in the night to inform Aman Singh that the accused took the<\/p>\n<p>complainant Hari Narayan. Kashiram again reached to the spot and<\/p>\n<p>saw the incident and again informed his father regarding the incident<\/p>\n<p>where Aman Singh did not confirm the evidence of Kashiram that he<\/p>\n<p>saw the incident. However, Aman Singh has stated that in the early<\/p>\n<p>morning he went to the Police Station Silwani where he was directed to<\/p>\n<p>go and search his son and ultimately he again went to the Police<\/p>\n<p>Station with Chowkidar Hargovind and Sukhram, who took the<\/p>\n<p>complainant Hari Narayan to the Police Station. But such statement of<\/p>\n<p>Aman Singh was missing in his case diary statement Ex.D-3. It is clear<\/p>\n<p>that neither Kashiram visited his house in the night nor Aman Singh<\/p>\n<p>went to the Police Station Silwani in the early morning. For the sake of<\/p>\n<p>argument, if it is presumed that Kashiram went to inform Aman Singh<\/p>\n<p>regarding the incident, then the consequential action of Aman Singh<\/p>\n<p>and Kashiram seems to be unnatural. They could visit the spot<br \/>\n<span class=\"hidden_text\">                                     5<\/span><\/p>\n<p>immediately with the help of Chowkidar Hargovind and could take the<\/p>\n<p>complainant Hari Narayan to their house in the night itself, therefore<\/p>\n<p>looking to the action of Kashiram and Aman Singh, their testimony is<\/p>\n<p>not believable. It seems that Kashiram could not see any one at the<\/p>\n<p>time when his brother was taken away from the field, because he was<\/p>\n<p>sleeping. Similarly Aman Singh could not know about the incident till<\/p>\n<p>he met with his son Hari Narayan on the way to Silwani.<\/p>\n<p>9.         In this case only eye witness remains is the complainant<\/p>\n<p>Hari Narayan. Chowkidar Hargovind (PW-7) and witness Sukhram<\/p>\n<p>(PW-10), cousin of the complainant were the persons who contacted<\/p>\n<p>after the incident, but it is strange that none of them have stated in the<\/p>\n<p>Court that Hari Narayan told anything about the incident to them.<\/p>\n<p>Neither Hargovind nor Sukhram are declared hostile and their<\/p>\n<p>testimony has been accepted as it is, therefore inference can be drawn<\/p>\n<p>that Hari Narayan did not tell anything about the incident to Hargovind<\/p>\n<p>or Sukhram. The evidence of Hari Narayan is corroborated by FIR<\/p>\n<p>Ex.P-9, but it is clear from the statements of Hari Narayan, Hargovind<\/p>\n<p>and Sukhram that at about 9 AM in the morning Hargovind contacted<\/p>\n<p>the complainant Hari Narayan and within an hour they took him to the<\/p>\n<p>Police Station Silwani. As per particulars shown in the FIR Ex.P-9 it is<\/p>\n<p>clear that Village Mankapur was only 10 kms away from Silwani and<\/p>\n<p>therefore complainant could reach Silwani from Mankapur by bullock-<\/p>\n<p>cart within two hours, hence it was expected that the report must have<\/p>\n<p>been lodged at about 12:30 PM on that day. Therefore, it is clear that<\/p>\n<p>FIR is delayed by at least 4 hours and that period is sufficient to cook<br \/>\n<span class=\"hidden_text\">                                    6<\/span><\/p>\n<p>up the exaggerated story.\n<\/p>\n<p>10.       The complainant Hari Narayan claims that he was brought<\/p>\n<p>unconscious to the Police Station, but his such statement is not<\/p>\n<p>corroborated by the evidence of witnesses Sukhram and Hargovind. It<\/p>\n<p>is clear that Sukhram and Hargovind had a talk with the complainant<\/p>\n<p>Hari Narayan at the house of Prakash and therefore from that time it<\/p>\n<p>will be presumed that the complainant Hari Narayan was conscious<\/p>\n<p>since morning. Hari Narayan has admitted in para 8 of his statement<\/p>\n<p>that he remained unconscious till 6 AM in the morning.<\/p>\n<p>11.       By above discussion, it is clear that FIR is delayed and it<\/p>\n<p>could be cooked one. But due to delay in FIR, entire prosecution story<\/p>\n<p>cannot be thrown out. It is the duty of the Court to pick up the grains<\/p>\n<p>from chaff. complainant Hari Narayan has stated that he was confined<\/p>\n<p>in the room of Prakash&#8217;s house. Station House Officer Shri Vijay Vyas<\/p>\n<p>(PW-11) has prepared the spot map Ex.P-2 in which he has indicated<\/p>\n<p>that there were some blood spots found in the room of Prakash, but his<\/p>\n<p>evidence could not be corroborated by report of FSL, as no report has<\/p>\n<p>been received from the FSL. Therefore, it cannot be said that spots<\/p>\n<p>found by Shri Vijay Vyas (PW-11) were of human blood. On the contrary<\/p>\n<p>witness Hargovind has stated that he found the complainant Hari<\/p>\n<p>Narayan lying in an open room meant for keeping the cattle from<\/p>\n<p>where he could go anywhere. Complainant Hari Narayan states that he<\/p>\n<p>was confined in a room but in cross examination he admits that he<\/p>\n<p>could talk with Sukhram and Hargovind from the place where he was<\/p>\n<p>lying. If he was confined in the room, and the door was closed from the<br \/>\n<span class=\"hidden_text\">                                    7<\/span><\/p>\n<p>outside, he could not talk with Chowkidar Hargovind or his cousin<\/p>\n<p>Sukhram, therefore evidence of Hargovind may be accepted that he<\/p>\n<p>was lying in an open place of Prakash&#8217;s house. Therefore, there is no<\/p>\n<p>case of confining the     complainant Hari Narayan anywhere. The<\/p>\n<p>learned Additional Sessions Judge erred in holding that the appellants<\/p>\n<p>were guilty of offence under Section 342 of IPC.\n<\/p>\n<p>12.         Complainant Hari Narayan has alleged that 7 persons,<\/p>\n<p>including the appellants and one Gambhir took him from his field. In<\/p>\n<p>FIR Ex.P-9 he narrated the fact regarding beating by axe and holding<\/p>\n<p>him by accused Prakash, Munna, Gambhir, Hakim , Sitaram and<\/p>\n<p>Prahalad, but in his statement before the Court he has not stated<\/p>\n<p>regarding the act of assault or holding against the accused Prakash,<\/p>\n<p>Prahalad and Ratiram. FIR is not a substantial piece of evidence. It is<\/p>\n<p>only a corroborative piece of evidence and therefore if the complainant<\/p>\n<p>Hari Narayan does not say anything against the accused Prakash,<\/p>\n<p>Prahalad and Ratiram, then they cannot be said to be part of unlawful<\/p>\n<p>assembly. It is clear that the FIR is delayed by 4 hours and there was<\/p>\n<p>sufficient time for the complainant Hari Narayan to cook up the story<\/p>\n<p>and to involve more accused persons.\n<\/p>\n<p>13.        Complainant Hari Narayan has alleged that in the house of<\/p>\n<p>Prakash, accused Munna assaulted him by axe whereas accused Hakim<\/p>\n<p>slapped him and Sitaram gave a kick from the side of shoe. He has not<\/p>\n<p>stated anything against remaining accused persons, whereas in F.I.R. it<\/p>\n<p>is mentioned that accused Hakim , Sitaram and Ratiram have beaten<\/p>\n<p>him by hands. There is nothing regarding any kick given by Sitaram,<br \/>\n<span class=\"hidden_text\">                                     8<\/span><\/p>\n<p>even in the trial Court he did not alleged anything against Sitaram<\/p>\n<p>except a kick from the side of shoe. This contention is clearly after<\/p>\n<p>thought looking to the version mentioned in the F.I.R. Therefore,<\/p>\n<p>contention of the complainant Hari Narayan may be accepted for this<\/p>\n<p>fact that the accused Munna gave four axe blows, whereas accused<\/p>\n<p>Hakim     slapped him. No overt-act of any other accused persons is<\/p>\n<p>proved.\n<\/p>\n<p>14.        The complainant has admitted in the cross examination that<\/p>\n<p>he was dragged by the accused persons from his field in dark. There<\/p>\n<p>was no light of electricity available in the entire way by which he was<\/p>\n<p>taken to the house of Prakash. His cousin Sukhram has accepted in his<\/p>\n<p>cross examination that in the night in which incident took place there<\/p>\n<p>was no electricity supply in the village and, therefore, it is clear that<\/p>\n<p>the complainant Hari Narayan could not see any of the accused<\/p>\n<p>persons. He could identify the accused persons with the help of their<\/p>\n<p>voice. However, looking to the evidence of complainant Hari Narayan<\/p>\n<p>he was assaulted by Hakim and Munna, therefore, identification of<\/p>\n<p>these two accused may be accepted and identification of remaining<\/p>\n<p>accused is still seems to be doubtful.\n<\/p>\n<p>15.        Learned counsel for the respondent-State has urged that the<\/p>\n<p>complainant Hari Narayan was taken to the house of Prakash and,<\/p>\n<p>therefore, presence of Prakash may also be accepted. But this<\/p>\n<p>contention cannot be accepted in such a manner. It is true that Hari<\/p>\n<p>Narayan was lying in a house of Prakash, but from the entire story as<\/p>\n<p>stated by complainant Hari Narayan, witnesses Hargovind and<br \/>\n<span class=\"hidden_text\">                                    9<\/span><\/p>\n<p>Sukhram, it is clear that Sukhram and Hargovind did not meet either<\/p>\n<p>Prakash or any other members of Prakash in the house. Hargovind and<\/p>\n<p>Sukhram have admitted that Hari Narayan was lying in the open room<\/p>\n<p>of the house where there was arrangement of keeping the cattle.<\/p>\n<p>Witnesses Hargovind and Sukhram visited twice the house of Prakash<\/p>\n<p>and there was no restriction in talking to Hari Narayan, who was lying<\/p>\n<p>in the aforesaid room without any confinement. These circumstances<\/p>\n<p>show that though Hari Narayan was taken to the house of Prakash, but<\/p>\n<p>Prakash and his family members were not there in the house on that<\/p>\n<p>day and, therefore, neither Hari Narayan could be taken inside the<\/p>\n<p>house nor he was confined, hence there was no hesitation to Sukhram<\/p>\n<p>and Hargovind in talking with the complainant Hari Narayan and<\/p>\n<p>taking him away from the house. Therefore, presence of Prakash at the<\/p>\n<p>time of incidence is doubtful. Hari Narayan has accepted the allegation<\/p>\n<p>levelled against him that he committed rape with the sister of Prakash,<\/p>\n<p>therefore, persons who have done the crime with Hari Narayan left him<\/p>\n<p>in the house of Prakash just to transfer their guilt over to the accused<\/p>\n<p>Prakash and his companion. However, since the appeal is deemed<\/p>\n<p>abated against Prakash, it is not necessary to decide the appeal against<\/p>\n<p>Prakash.\n<\/p>\n<p>16.        On the basis of aforesaid discussion, it is clear that the<\/p>\n<p>complainant Hari Narayan could not be brought from his field by one<\/p>\n<p>or two persons, therefore, his evidence can be accepted that there<\/p>\n<p>were six persons involved in the crime. Out of them he could identify<\/p>\n<p>only accused Munna and Hakim Singh, therefore, it is clear that the<br \/>\n<span class=\"hidden_text\">                                     10<\/span><\/p>\n<p>unlawful assembly was made out, but except these two accused, it is<\/p>\n<p>not proved that the accused Gambhir, Sitaram and Prahlad had<\/p>\n<p>participated in the unlawful assembly, therefore, except the accused<\/p>\n<p>Hakim and Munna, none of other appellants could be convicted for<\/p>\n<p>offence under Section 147 of IPC, therefore, the appellants except<\/p>\n<p>Munna and Hakim Singh cannot be convicted for other offence with<\/p>\n<p>the help of Section 149 or Section 34 of IPC, as their presence is not<\/p>\n<p>proved beyond reasonable doubt.\n<\/p>\n<p>17.        Learned trial Court convicted the appellants for offence<\/p>\n<p>under Section 307 of IPC. Learned counsel for the appellants before<\/p>\n<p>the lower Court accepted the medical report Ex.P-13 and, therefore,<\/p>\n<p>concerned Dr.S.K.Singhai could not be examined in the Court, whereas<\/p>\n<p>the report Ex.P-13 is an important document for consideration of<\/p>\n<p>offence under Section 307 of IPC. In the report Ex.P-13, Dr.<\/p>\n<p>S.K.Singhai has mentioned that injuries No.1 and 2 were grievous<\/p>\n<p>whereas remaining injuries were simple in nature. In the report<\/p>\n<p>Ex.P-13, there were four injuries, which are as under:-<\/p>\n<p>(i)   Incised wound of size 4 \u00bd&#8221; x \u00bd&#8221; x bone deep on left parietal<br \/>\n      region of scalp and there was cut mark on the skull bone.\n<\/p>\n<p>(ii) Incised wound of size 3&#8243; x \u00bd&#8221; x bone deep on left shoulder.\n<\/p>\n<p>(iii) Incised wound of size 2&#8243; x \u00bd&#8221; x bone deep on left scapular region<br \/>\n      2&#8243; blow from injury No.2.\n<\/p>\n<p>(iv) Incised wound of size 4 \u00bd&#8221; x \u00bd&#8221; x muscle deep on right lumbar<br \/>\n      area.\n<\/p>\n<p>           Looking to the injury report, it is clear that neither any vital<\/p>\n<p>organ was damaged nor there was any fracture to any bone of the<\/p>\n<p>complainant. It is not clear that on what basis Dr. S.K.Singhai has<\/p>\n<p>mentioned that injuries No.1 and 2 were grievous. As per the<br \/>\n<span class=\"hidden_text\">                                      11<\/span><\/p>\n<p>provisions of Section 320 of I.P.C., it is clear that injuries No.1 and 2 do<\/p>\n<p>not come in the category of grievous injuries, therefore, injuries of the<\/p>\n<p>complainant Hari Narayan may be considered to be simple injuries.<\/p>\n<p>Though axe blows were given on skull and shoulder, but looking to the<\/p>\n<p>injuries, these blows were not forceful and no intention of causing<\/p>\n<p>death can be attributed from the side of accused Munna.<\/p>\n<p>18.        Learned counsel for the appellants has placed his reliance<\/p>\n<p>on the dictum led by this Court in the case of &#8220;Moolchand Vs. State<\/p>\n<p>of Madhya Pradesh, 2008 (2) MPLJ (Cri) 498&#8221;, in which the<\/p>\n<p>conviction was altered from Section 307 to Section 325 of IPC, because<\/p>\n<p>there was one blow of stone given at the forehead of the deceased and<\/p>\n<p>it was observed that intention of the appellant to cause death was not<\/p>\n<p>established. In the present case, blows given by the appellant Munna<\/p>\n<p>were not forceful, one blow was on vital part of the body i.e. head, but<\/p>\n<p>only a simple injury is caused and, therefore, intention of killing cannot<\/p>\n<p>be presumed on the basis of evidence of the complainant and medical<\/p>\n<p>report prepared by Dr. S.K.Singhai.\n<\/p>\n<p>19.        On the basis of above discussion, accused persons cannot be<\/p>\n<p>punished for offence under Section 307 of IPC. The overt-act as<\/p>\n<p>established with the help of the prosecution evidence comes under the<\/p>\n<p>category of offence under Section 324 of IPC only. The charge under<\/p>\n<p>Section 324 of IPC is minor and of the same nature as of charge under<\/p>\n<p>Section 307 of IPC and, therefore, under the head of charge under<\/p>\n<p>Section 307 of IPC, the accused can be convicted for offence under<\/p>\n<p>Section 324 of IPC without addition to any charge.<br \/>\n<span class=\"hidden_text\">                                   12<\/span><\/p>\n<p>20.        On the aforesaid discussion, it is doubtful that the<\/p>\n<p>appellants Ratiram, Sitaram and Prahlad were present at the time of<\/p>\n<p>incidence and, therefore, they cannot be convicted for any of the<\/p>\n<p>offence. It is very clear that the complainant Hari Narayan was not<\/p>\n<p>confined at any place, therefore, offence under Section 342 of IPC is<\/p>\n<p>not made out against any of the appellants. The overt-act of Munna<\/p>\n<p>comes within the purview of Section 324 of IPC only, whereas appellant<\/p>\n<p>Hakim may be convicted for offence under Section 324 of IPC with the<\/p>\n<p>help of Section 149 of IPC.\n<\/p>\n<p>21.        On the basis of above discussion, appeal is allowed for<\/p>\n<p>appellants Ratiram, Sitaram and Prahlad. Conviction and sentence<\/p>\n<p>against these three appellants is hereby set aside. They are acquitted<\/p>\n<p>from all the charges levelled against them. Their bail bonds and<\/p>\n<p>sureties are discharged. The appeal of appellants Munna and Hakim<\/p>\n<p>Singh is partly allowed. They are acquitted from the charges of Section<\/p>\n<p>342, 307 of IPC, but their conviction for the offence punishable under<\/p>\n<p>Section 148 or 147 of IPC is maintained. Accused Munna is also<\/p>\n<p>convicted under Section 324 of IPC whereas the appellant Hakim Singh<\/p>\n<p>is convicted under Section 324 read with Section 149 of IPC. Looking<\/p>\n<p>to the facts and duration of the trial, the sentence of appellant Munna<\/p>\n<p>for offence under Section 148 IPC is reduced to the sentence of 3<\/p>\n<p>months&#8217; rigorous imprisonment, whereas the sentence of appellant<\/p>\n<p>Hakim Singh for offence under Section 147 IPC is reduced to the<\/p>\n<p>sentence of 2 months&#8217; rigorous imprisonment. They shall undergo for a<\/p>\n<p>period of 6 months&#8217; rigorous imprisonment for offence under Section<br \/>\n<span class=\"hidden_text\">                                     13<\/span><\/p>\n<p>324 or Section 324\/149 of IPC. The custody period of these two<\/p>\n<p>appellants will be adjusted in their jail sentence. All the sentences shall<\/p>\n<p>run concurrently.\n<\/p>\n<p>22.        Accordingly, appeal is disposed off being partly allowed and<\/p>\n<p>modification of sentence.\n<\/p>\n<\/p>\n<p>                                                      (N.K.Gupta)<br \/>\n                                                          Judge<br \/>\n                                                      01\/07\/2010.\n<\/p>\n<p>Ansari\n <\/p>\n","protected":false},"excerpt":{"rendered":"<p>Madhya Pradesh High Court Munna And Ors. vs The State Of M.P on 1 July, 2010 1 HIGH COURT OF MADHYA PRADESH, PRINCIPAL SEAT, JABALPUR SB: HON&#8217;BLE JUSTICE SHRI N. K. GUPTA CRIMINAL APPEAL NO.631\/1994 Munna and others. Vs. State of Madhya Pradesh. &#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;. Shri Satish Chaturvedi, Advocate for the appellants. Shri J.K.Jain, Deputy Advocate [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[8,24],"tags":[],"class_list":["post-191017","post","type-post","status-publish","format-standard","hentry","category-high-court","category-madhya-pradesh-high-court"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.0 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>Munna And Ors. vs The State Of M.P on 1 July, 2010 - Free Judgements of Supreme Court &amp; High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/munna-and-ors-vs-the-state-of-m-p-on-1-july-2010\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Munna And Ors. vs The State Of M.P on 1 July, 2010 - Free Judgements of Supreme Court &amp; 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