The court considered the circumstances of the altercation, the nature of injuries, and the appellant's personal circumstances in deciding to reduce the sentence for the offence under Section 324 IPC.

JUDGMENT

Virender Singh, J. - The appellant has preferred this appeal against judgment and order dated 28.09.2004 passed in Special Sessions Trial No.85/2003 by Special Judge, Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, Ujjain, whereby the learned Trial Court has acquitted the appellant under Sections 341, 307 in alternate 307/34 , 506-II of IPC and Section 3(2)(v) of S.C./S.T. Act, while convicted him for the offence under Section 324 and 323 IPC. The appellant is awarded 1 year rigorous imprisonment with fine of Rs.1,000/- for the offence under Section 324 IPC and fine of Rs.500/- for the offence under Section 323 IPC with default stipulations.

2. Prosecution case in brief is that on 24.08.2002, complainant Babulal was cutting cattle feed in his farm, coaccused Ishwar cross with his bull cart from his farm land. He objected for the same and asked him to go through the public passage. They were embroiled in dispute. Suddenly maternal uncle of Ishwar, Vikram arrived with an axe in his hand, restrained the way of Babulal and started beating him. He gave him a blow of axe on right side of forehead. Co-accused Ishwar beat him by wooden stick and caused injuries on left shoulder, back and hand of complainant. Babulal screamed. Sita Bai Raju Bai and Babu Choudhary rushed and rescued him. Babulal lodged FIR Ex.P/1. The police sent him for medical examination and obtained his injury report Ex.P/3, visited the spot and prepared spot map Ex.P/8, arrested both the accused persons Vikram and Ishwar vide arrest memos Ex.P/9 and P/10, recovered from their possession axe and stick vide Exs.P/7 and P/8, seized shirt and towel of complainant Babulal vide Ex.P/6, obtained caste certificate of the victim showing him a scheduled caste, recorded police statements of the witnesses and after completing the investigation, filed the charge-sheet.

3. Both the accused persons were charged under Sections 341, 307 in alternate 307/34, 323 in alternate 323/34, 506-II IPC and Sections 3(2)(v) of S.C./S.T. Act. After the trial, they both are acquitted from all other charges, except the charge under Section 324 and 323 IPC. Co-accused Ishwar was convicted under Section 323 IPC but extended the benefit of Probation of offenders Act, he has not preferred any appeal, while the appellant Vikram is convicted as stated in para one above.

4. The appellant has preferred this appeal on several grounds but during arguments learned Counsel representing him submitted that he does not want to press the appeal on merits. He further does not want to press the sentence of the appellant for the offence under Section 323 IPC. His limited prayer is that the appellant and the complainant both are co-villagers. There was no previous enmity. The incident took place all of sudden on a petty issue of crossing the bull cart from the farm land of the complainant. He was not present at the time of scuffle between the complainant and his nephew Ishwar. When he heard the voice of altercation taking place between complainant Babulal and his nephew Iswhar, he went to the spot to see as to what happened, as they both were embroiling in a dispute and the complainant was assaulting his nephew, he intervened to save him. There was no intention, preparation, or premeditation to cause injury to the complainant. No serious injury is caused to the complainant. No repeated blow is given. The appellant has no criminal antecedent. The incident took place in the year 2002 and since then he is facing trial. He has cooperated with the trial and also diligently appeared in the appeal, as and when directed by this Court. Due to missing of his date slip, he could not appear on 20th June, 2017 but now he is in jail since 20th January, 2020. During the trial he remained in jail for three days and now he is in jail since last about a month. He is running 55 years of age. He is a married man and has responsibility of young children. No other criminal case is ever registered agains