RAVI SINGH @ RAGHUVEER Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellants have preferred this appeal against the judgment dated 1.9.2007 passed by the VIth Additional Sessions Judge, Bhopal in ST. No.160/2006 whereby the appellants were convicted for offences punishable under Sections 323 read with Section 34 and sentenced for one years rigorous imprisonment with fine of Rs.1000/-. In default of payment of fine, three months additional imprisonment was also directed.

(2.) PROSECUTION's case in short is that on 3.3.2006 at about 7.30 p.m the complainant Damodar Prasad found that the cow of the accused Moti Singh was destroying the fencing of the field of the complainant and therefore, the complainant told the accused Moti Singh to hold the cow otherwise he will deposit the cow in the cattle pound (Kanji House). Thereafter, Moti Singh abused the complainant Damodar Prasad and started a quarrel but Tulsiram father of Damodar Prasad stopped both of them and quarrel was over. Thereafter, when the complainant was coming to the Police Station along with his brother Chagan to lodge an FIR against the accused Moti Singh they found that near the pond Moti Singh, Awadhnarayan, Ravi Singh etc. were standing with sticks, ballam and farsa. They assaulted the complainant Damodar Prasad and his brother Chagan. Thereafter, Moti Singh came with a katarna and also assaulted the victim Chagan. Ultimately some witnesses saved the victims and thereafter, Damodar Prasad had lodged a Dehati Nalishi to the officer of the Police Station Gunga. The injured persons were sent for their medico legal examination and a case was registered. Dr. Balram Upadhyay (PW15) found three injuries to the victim Chaganlal which were situated on his head, near left eyebrow and left scapular region whereas, two injuries were found to one Raj Narayan. Dr. Parashar (PW18) examined the complainant Damodar Prasad and gave his report Ex.P/24. He found a simple abrasion on ninth right rib. The victims were referred for their X- Ray examination but, no grave injury was found. Dr. Rajesh Mehta (PW14) prepared a report Ex.P/22 and found that no bony injury was caused to the victim Chaganlal. Dr. Babita (PW8) gave a report Ex.P/9 after radiological examination of the victim Chaganlal but, no fracture was found to him. After due investigation a charge sheet was filed before the JMFC, Bairasiya who committed the case to the Sessions Court, Bhopal and ultimately it was transferred to the VIth Addtiional Sessions Judge, Bhopal.

(3.) THE learned counsel for the appellants submitted that the appellants were acquitted from the charges of offence punishable under Section 307 of I.P.C because no victim had sustained any fatal or grave injury. THE complainant Damodar Prasad sustained a single scratch where the victim Chaganlal sustained only three minor injuries. THE appellant Ravi Singh was a youth of 21 years of age at the time of incident and the appellant Awadhnarayan was a mature person of 37 years of age. Looking to their overt act they could be released on probation. However, they remained in the custody for 18 days during the trial and due to bail jump they are in custody since 31.8.2012 till today. THEy have deposited the fine amount imposed upon them which was maximum. Under such circumstances, where the appellants were the first offenders it is prayed that their jail sentence may be reduced to the period which they have already undergone in the custody.