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2009 Supreme(MP) 1397
IN THE HIGH COURT OF MADHYA PRADESH
K. S. CHAUHAN, J.
KAMAL SINGH – Appellant
Versus
STATE OF M. P. – Respondent
Cri. Appeal No. 1214 of 1999
Decided On : 03-08-2009
Advocate Appeared:
For the Appellant : Satish Chaturvedi
For the Respondent: G. P. Singh
The main legal point established in the judgment is the reliance on eyewitness and medical evidence to prove the guilt of the appellants under the specified sections of the Indian Penal Code.
Headnote:
Indian Penal Code - Criminal Appeal - Section 326/34, 324/34, 323/34 - The judgment discusses the conviction and sentencing of the appellant under these sections of the Indian Penal Code. The court analyzes the evidence presented by the injured persons and the medical reports to establish the guilt of the appellants. The court also considers the argument of the appellant's counsel regarding the alleged land dispute and self-defense. The judgment concludes with a partial allowance of the appeal, reducing the sentence for one of the sections.
Fact of the Case:
The prosecution case involved the appellants causing injuries to the complainant and his family members following a dispute over damaged crops. The injured persons were examined by a doctor, and their statements formed the basis of the case against the appellants.
Finding of the Court:
The court found overwhelming evidence against the appellants, concluding that they had caused the injuries to the complainant and his family members. The court rejected the argument of self-defense and upheld the conviction and sentencing by the trial court.
Issues: The main issue was whether the trial court had erred in convicting and sentencing the appellant under the specified sections of the Indian Penal Code.
Ratio Decidendi: The court relied on the evidence provided by the injured persons, which was corroborated by medical reports, to establish the guilt of the appellants. The court also rejected the argument of self-defense and emphasized that the appellants were the aggressors in the incident.
Final Decision: The appeal was partly allowed, maintaining the conviction but reducing the sentence for one of the sections. The appeal against the deceased appellant was abated.
JUDGMENT :
1. Appellant Rai Singh has expired during the pendency of this appeal hence appeal against him has been abetted.
2. This criminal appeal under section 374(2) of the Code of Criminal Procedure has been filed by the appellant being aggrieved by the impugned judgment, finding and sentence dated 21-4-1999 passed by II Additional Sessions Judge, Sehore in S.T. No. 146/98, whereby the appellant Kamal Singh has been convicted under sections 326/34, 324/34 and 323/34 of Indian Penal Code and sentenced to R.I. for 3 years with fine of Rs.1000/- in default of payment of fine R.I. for 6 months, R.I. for 6 months and R.I. for 3 months respectively with the direction to run the sentences concurrently.
3. Prosecution case in short is that Sunar Singh r/o Village Kadrabad lodged report at Police Outpost Shyampur on 13-6-1998 at 10:30 a.m. to the effect that at the time of incident the appellants came armed with farsi at his house and by abusing him said that his cattle (buffalo) had damaged the crop. The complainant asked him not to abuse and to carry the cattle to the Kanji House if any damage is caused. On this the appellants extended threats to kill him and inflicted farsi blow which hit at the heel of his left leg. Rai Singh inflicted farsi blow at the head of Rajendra. Hearing the cries Swaroop Kunwar Bai w/o complainant Sunar Singh also came there to whom Rai Singh inflicted farsi blow on the head on account of which she fell down on the ground. Kamal Singh inflicted farsi blow at his son Ramnath Singh which hit at his cheek. On this information Crime No. 083/98 under sections 323, 324, 294, 506, 34 of Indian Penal Code was registered at police outpost Shyampur vide Ex.P-5. The injured persons were sent to P.H.C. Shyampur for medical examination where they were examined by Dr. Jyoti Khare who found the injuries as mentioned in their medical reports. On the basis of Ex.P-5 F.I.R. was recorded at Police Station Doraha wherein Crime No. 140/98 under the same sections was registered against the appellants. Query regarding the injury to Swaroopkunwar Bai was asked which was replied that the injury was dangerous to her life if the patient was not treated. X-ray of Swaroopkunwar Bai was also taken wherein the fracture of skull was found. Spot map was prepared. The statements of the witnesses were recorded. After completing the investigation the charge-sheet was filed in the Court of J.M.F.C. Sehore who committed the case to the Sessions Court for trial.
4. Accused persons were charged under sections 307, 326, 324, 323 or alternatively under sections 307/34, 326/34, 324/34 and 323/34 of Indian Penal Code. They denied the guilt and claimed to be tried mainly contending that they are innocent and have been falsely implicated on account of land dispute. The prosecution examined as many as 13 witnesses and accused did not examine any witness. After appreciating the evidence trial Court acquitted the appellants from the charge under section 307/34 of Indian Penal Code but convicted under sections 326/34, 324/34 and 323/34 of Indian Penal Code and sentenced thereunder as stated hereinabove in para No. 2 of this judgment. Being aggrieved by the impugned judgment, finding and sentence the instant appeal has been preferred on the grounds mentioned in the memo of appeal.
5. Learned counsel for the appellant submitted that the trial Court has not appreciated the evidence in proper perspective. There is dispute regarding the land in between the parties due to which the appellants have been falsely implicated. Learned counsel for the appellant has emphasized on the evidence of Phoolkunwar Bai (PW-5)-a child witness who has admitted that complainant Sunar Singh was grappling with Rai Singh. He also lifted farsi to inflict blow to him. Learned counsel submitted that Kamal Singh came only after hearing the cries of his father, therefore, common intention of the appellants has not been established. The seizure of farsi has also not been proved. Learned c
