The court affirmed the conviction under Section 325 IPC for grievous hurt while adjusting the sentence to reflect the nature of the incident and the time elapsed since it occurred.

Headnote:(A) Criminal Procedure Code, 1973 - Sections 397 and 401 - Indian Penal Code, 1860 - Section 325 - Criminal revision against conviction - Conviction of petitioner for causing grievous hurt was affirmed by the appellate court, but sentence reduced to six months' imprisonment and fine of Rs.2000/- - The incident arose from a dispute over grazing cattle, leading to injury caused by a stone - The courts found sufficient evidence to support conviction despite some inconsistencies in witness testimonies. (Paras 1, 3, 14, 15)

(B) Revisional Jurisdiction - The scope of revisional jurisdiction is limited to correcting errors of jurisdiction or law, not reappraising evidence unless there is a gross miscarriage of justice. (Paras 7, 8)

Facts of the case:
The petitioner was convicted for injuring Gayatri by throwing a stone during a dispute over cattle grazing, resulting in a fracture to her skull. The trial court convicted him under Section 325 IPC, and the appellate court affirmed this conviction while reducing the sentence. (Paras 1, 3)

Findings of Court:
The concurrent findings of conviction were based on proper reasoning and critical analysis of evidence, with the appellate court affirming the trial court's decision. (Paras 14)

Issues: The main issues included the credibility of witness testimonies and the appropriateness of the sentence given the nature of the incident. (Paras 3, 15)

Ratio Decidendi: The court held that the evidence presented was sufficient to uphold the conviction, and the sentence was adjusted to reflect the circumstances of the case, emphasizing the need for justice over strict penalization. (Paras 15)

Result: Criminal revision partly allowed; sentence modified to rigorous imprisonment for the period already undergone and increased fine. (Paras 16)

ORDER

1/ This criminal revision under section 397 read with section

401 of the Cr.P.C . is filed assailing the judgment dated 13/07/2024 passed by learned Additional Sessions Judge, Dharampuri, District Dhar in Criminal Appeal No. 25/2021 affirming the judgment of conviction and order of sentence dated 24/12/2021 in RCT no. 200270/2014 passed by Judicial Magistrate First Class, Dharampuri, District-Dhar, whereby revision petitioner Rakesh has been convicted for the offence punishable under section 325 of the IPC . However, the sentence imposed by the trial Court was reduced to rigorous imprisonment for six months and fine of Rs.2000/- with default stipulation of simple imprisonment for two months.

2/ The revision petition inter alia states as under:-

(2)

(i) Aruna Banjara reported to Police Station Dharampuri that on 18/1/2014, she was at the agricultural field of her father near Kodranala in Village Rajpura. Around 4 in the evening, Rakesh had entered his cattle for grazing in the agricultural field. She and her younger sister Gayatri objected and shouted Rakesh. Rakesh started abusing them in filthy language. Chain Singh, Sohan Singh, Phool Singh, Take Singh and Bhanu also arrived there and started abusing them. Rakesh picked up a stone and pelted it towards Gayatri. Gayatri sustained injury on back of her head. The blood started oozing out of the injury. Shivram, Mahesh and Dayaram intervened and rescued them. Accused threatened to kill them. On such allegations, Police Station Dharampuri registered FIR at Crime No.15/2014 for the offences punishable under sections 294, 323, 506 and 34 of the IPC . Injured Gayatri was forwarded for medico-legal examination. On CT-scan, linear undisplaced fracture was found in right occipital bone on skull of Gayatri. Therefore, prosecution for the offences punishable under sections 325 and 307 of the IPC was added. On completion of investigation, final report was submitted.

(ii) The matter was committed for trial to the Court of Session. The co-ordinate Bench of this Court vide order dated 17/06/2014 passedi n CRR no. 488/2014 discharged the accused for the offence punishable under section 307 of section 307/149 and 147 of IPC . Accordingly, learned Additional Sessions Judge, Dharampuri framed charges for the offences punishable under sections 294, 325 and 506 Part II of the IPC against (3)

Rakesh and under sections 294 and 506 Part II of the IPC against other accused and remitted the matter for trial to learned JMFC.

(iii) Learned JMFC, Dharampuri, District Dhar, on completion of trial, after hearing both the parties, acquitted all the accused except petitioner/accused Rakesh. Rakesh was convicted for the offence punishable under section 325 of the IPC and sentenced to rigorous imprisonment for 1 year and fine of Rs.2000/- with default stipulation vide judgment dated 24/11/2021 passed in RCT No. 200270/2014.

(iv) Feeling aggrieved by this judgment of conviction and order of sentence, Rakesh preferred Criminal Appeal before learned Additional Sessions Judge, Dharampuri, Dhar. Learned Additional Sessions Judge, Dharampuri affirmed the judgment of conviction for the offence punishable under section 325 of the IPC vide impugned judgment dated 13/07/2024 passed in Cr.A. No.25/2021, however reduced the sentence to rigorous imprisonment for six months and fine of Rs.2000/- with default stipulation.

3/ The concurrent finding of conviction and order of sentence is assailed in the present revision petition on the following grounds:-

(a) There are material contradictions and inconsistencies in the evidence of prosecution witnesses.

(b) No Panchanam with regard to damage to crop was prepared during investigation.

(c) The seized piece of stone did not contain any blood stains. The blood stained clothes of injured Gayatri were not seized. (4)

(d) Medical Officer has opined that the injury on back of head may be caused due to fall. Shivram (PW4)

has supported the defence version.

(e) Learned trial Court and

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2024 Supreme(Online)(MP) 14355

HIGH COURT OF MADHYA PRADESHSHRI JUSTICE SANJEEV S. KALGAONKAR, JRakesh – AppellantVersusThe State Of Madhya Pradesh – RespondentCRR 3684/2024

The court affirmed the conviction under Section 325 IPC for grievous hurt while adjusting the sentence to reflect the nature of the incident and the time elapsed since it occurred.

Cases Referred (2)

HIGH COURT OF MADHYA PRADESH
SHRI JUSTICE SANJEEV S. KALGAONKAR, J
Rakesh – Appellant
Versus
The State Of Madhya Pradesh – Respondent
CRR 3684/2024