Judgment · High Court

Judgment

#2. THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER THROUGH PS PACHOR, DISTT. RAJGARH (BIAORA) (MADHYA PRADESH) MATHRALAL S/O BAPULAL VARMA, AGED ABOUT 80 YEARS, OCCUPATION: LABOURER VILLAGE NARANIA P.S. PACHOR, DIST RAJGARH (MADHYA PRADESH)

(BY SHRI KAPIL MAHANT, PUBLIC PROSECUTOR) .....RESPONDENTS T h is appeal coming on for orders this day, t h e cou rt passed the following: JUDGMENT This Criminal appeal has been filed under section 374 (2) of the Cr.P.C. being aggrieved by judgement dated 21.01.2020 passed by Special Judge and Exclusive Special Judge, [SC/ST (Prevention of Atrocities) Act] Rajgarh (Biaora) in Special Case No.119/2017 whereby the appellant/accused has been convicted under section 323 r/w 34 of IPC and sentenced to undergo R.I. for a period of one year. Signature Not Verified Signed by: SOUMYA RANJAN DALAI Signing time: 30-12-2023 15:10:37 2

#2. Facts of the case in brief are that appellant/accused was prosecuted under Section 452, 294, 323/34, 506 Part II of IPC and Section 3(1)(r), 3(1)(s), 3(2)(VA) of SC/ST (PA) Act, 1989 for an incident occurred on 31.07.2017 at 07:30 PM wherein it is alleged that appellant/accused caused voluntary injury to victim (PW-1).

#3. Prosecution examined the complainant Mathuralal as PW-1, mother of the complainant Durgabai as PW-2, investigating officer SDOP Narendrakumar Nahar as PW-3 and Medical Officer Dr. Mohit Gupta as PW-4.

#4. On appreciating the prosecution evidence the trial Court acquitted the appellant/accused from charges under Section 452, 294, 506 Part II of IPC and Section 3(1)(r), 3(1)(s), 3(2)(VA) of SC/ST (PA) Act, 1989, but convicted the appellant/accused under Section 323/34 of IPC and sentenced to one year RI. 5 . Challenging the findings of conviction and sentence, this appeal has been preferred mainly on the ground that the trial Court has committed error in convicting the appellant/accused on the testimony of the prosecution witnesses and also committed error for not extending the Probation of Offenders Act, 1958 the accused/appellant and submitted the ground that when appellant/accused has been acquitted from other charges then on the same evidence, he cannot be convicted under Section 323/34 of the IPC also.

#6. Heard with the aid of amicus curiae Ms. Poorva Mahajan, advocate and perused the record.

#7. The learned Public Prosecutor for the respondent/State has supported the conviction and sentence.

#8. Falsus in uno and falsus in omnibus does not apply fully in India and perusal of testimony of complainant Mathuralal as PW-1, mother of the complainant Durgabai as PW-2 and Medical Officer Dr. Mohit Gupta as PW-4 Signature Not Verified Signed by: SOUMYA RANJAN DALAI Signing time: 30-12-2023 15:10:37 3 does not lead a ground to discard the testimony regarding the conviction of the accused/appellant under Section 323/34 of IPC. So the conviction of the appellants/accused under Section 323/34 of IPC is affirmed.

#9. Now we are considering on the quantum of sentence and extension of benefit of Probation of Offenders Act, 1958 to appellant/accused.

#10. The trial Court has not recorded any reason not to extend the benefit of Probation of Offenders Act, 1958 to appellant/accused.

#11. In this case, there is no criminal antecedent of the appellant/accused. He is facing the trial from 2017. Looking to the nature of the incident, having regard to the facts and circumstances of the case and the character of appellant/accused as first offender, it is expedient to release him on probation of good conduct under section 4 of the Probation of Offenders Act, 1958.

#12. The finding of the trial court regarding the sentence is modified and instead of sentencing the appellant/accused at once it is directed that appellant/accused be released on bail entering into bond with surety of Rs.50,000/-(Rupees Fifty Thousand Only) to the satisfaction of the trial court within a period of 30 days to appear and receive sentence when called upon by the trial Court during a period of 3 years and in the meantime to keep the peace and be of good behavior.

#13. Under Section 5 of Probation Of Offenders Act, 1958 the appellants/accused shall also pay Rs.5,000/- (Rupees Five Thousand Only) to complainant Mathuralal S/o Shri Bapulal, Occ. Labour, Village Naraniya, P.S. Pachor, Dist. Rajgarh (MP) as compensation for the injury suffered for commission of offence. The appellant/accused shall deposit compensation amount within 90 days failing which the said amount shall be Signature Not Verified Signed by: SOUMYA RANJAN DALAI Signing time: 30-12-2023 15:10:37 recovered from appellant/accused in accordance with law. 4

#14. With the aforesaid, the criminal appeal is disposed off. soumya (GAJENDRA SINGH) JUDGE Signature Not Verified Signed by: SOUMYA RANJAN DALAI Signing time: 30-12-2023 15:10:37