SHIVAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This judgment shall govern the disposal of all the aforesaid three criminal appeals filed by the appellants / accused against the conviction and sentence and the criminal revision filed by the complainant / victim for enhancement of the sentence are arising out a common judgment dated 24.8.2018 passed by the Session Judge, Seoni, district Seoni in S. T. No.100122/14 whereby appellant Shivam has been convicted under Sections 120-B and 307 of the IPC and sentenced to undergo RI for 5 years with fine of Rs.1000/- under each sections respectively; appellant / accused Ravi has been convicted under Section 120-B of the IPC and sentenced to undergo RI for 5 years with fine of Rs.1000/- and further convicted under Sections 307 r/w 120-B of the IPC and sentenced to undergo RI for 5 years with fine of Rs.1000/- separately under each section and appellant / accused Lucky @ Jaswinder Singh has been convicted under Section 120-B of the IPC and sentenced to undergo RI for 5 years with fine of Rs.1000/- and further convicted under Sections 307 r/w 120- B of the IPC and sentenced to undergo RI for 5 years with fine of Rs.1000/- separately under each section with default stipulation as mentioned in the impugned judgment.

(2.) In brief, the relevant facts of the case are that on 10.7.2014 at about 10:15 pm complainant / victim Yashu Jain (PW-3) along with his friends Rishu Jain (PW-6), Nikhil Jain (PW-4), Sanu Jain and Lokesh Vadwa had gone to Shrimaya Dhaba located on the Jabalpur- Nagpur Highway in order to celebrate the birthday of Rishu Jain and while they were having their supper, at this point of time, appellants / accused Shivam and Ravi came over there and assaulted Yashu Jain with a knife and caused various injuries on his person and thereafter, they both fled away with co-accused Lucky who was looking forward to them on a motorcycle. Injured Yashu Jain (PW-3) was immediately taken to Civil Hospital, Seoni where Dehati Nalsi (Ex.P/6) was recorded on the strength of narration of the complainant / victim Yashu Jain who sustained various grievous injuries and later on taken to Nagpur for further treatment and ultimately, crime no.192/14 under Section 307, 34 was registered at Police Station Bandol, District Seoni (MP). After investigation was over, charge sheet was filed against the appellants / accused persons before the court having jurisdiction from where the case was committed to the court of Sessions Judge for trial. On conclusion of trial, learned trial Court convicted and sentenced the appellants / accused as mentioned above.

(3.) On behalf of appellant / accused Shivam it is submitted that he has been falsely implicated in this case and at the time of incident he was busy in the family function organized at his house and all the witnesses are close friends and there are material contradictions and omissions. Hence, the conviction and sentenced awarded against him be set - aside. Further it is submitted that in this case, he has been in jail since 24.8.2018 and during the trial, he has also remained into custody for 6 months and 22 days and the complainant / victim has compounded the offence and further the appellant is not having any criminal antecedent. Considering the aforesaid facts and circumstances of the case, his sentence be reduced to the period already undergone by him in jail.