IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL th ON THE 10 OF MAY, 2023 CRIMINAL REVISION No. 775 of 2004 BETWEEN:-

1. HARI VILAS SON OF SHRI JODHA RAM, AGED 50 YEARS, CASTE TYAGI OCCUPATION AGRICULTURE, RESIDENT OF VILLAGE JAITPUR, TEHSIL JAURA, DISTRICT MORENA (MADHYA PRADESH)

2. PRABHU DAYAL S/O JODHA RAM, AGED ABOUT 40 YEARS, CASTE- TYAGI OCCUPATION AGRICULTURE, RESIDENT OF VILLAGE JAITPUR, TEHSIL JAURA, DISTRICT MORENA (MADHYA PRADESH)

3. JASWANT SINGH S/O POORAN SINGH, AGED ABOUT 35 YEARS, CASTE- TYAGI, OCCUPATION AGRICULTURE, RESIDENT OF VILLAGE JAITPUR, TEHSIL JAURA, DISTRICT MORENA (MADHYA PRADESH)

.....APPLICANTS (SHRI PRABAL SOLANKI, LEARNED COUNSEL FOR THE APPLICANTS)

AND THE STATE OF M.P. THROUGH POLICE STATION BAGCHINI DISTRICT MORENA (MADHYA PRADESH)

.....RESPONDENT ( SHRI PRAMOD PACHAURI- LEARNED COUNSEL FOR THE RESPONDENT- STATE This revision coming on for hearing this day, the court passed the following:

ORDER

This criminal revision under Section 397 read with Section 401 of CrPC has been filed by applicants against judgment of conviction and order of sentence dated 03-12-2004 passed by Fourth Additional Sessions Judge, Morena (MP) in Criminal Appeal No.276 of 2004, modifying the order of sentence dated 25-09-2004 passed by the Court of JMFC, Jaura, Morena in Criminal Case No.66 of 1994 sentencing Prabhudayal ( herein applicant No.2) for one year RI with fine of Rs.500/- for offence under Section 326 of IPC instead of sentencing him for three years RI and one year RI with fine of Rs.500- 500/- awarded by trial Court for offence under Section 326 and 452 of IPC whereas sentencing rest of the applicants for one year RI with fine of Rs.500/- for offence under Section 326/34 of IPC instead of sentencing them of three years RI with fine of Rs.500/- awarded by trial Court and confirming sentence of one year RI with fine of Rs.500/- for offence under Section 452 of IPC awarded by trial Court.

Prosecution story, in short, is that on 02-12-1993 complainant Ramdehi (PW2) lodged a report at police station Bagchini alleging therein that on 01-120- 1993 he was sitting inside her house. All accused persons came there and told her for vacating the house. When she told that this is of her house and she cannot vacate the house. Thereafter, all accused persons entered in her house. Accused Prabhu inflicted hasiya blow on the little finger of left hand by which blood started oozing out. Accused Pooran (since dead during pendency of this revision) inflicted lathi blow on her back and accused Harivilas also inflicted lathi blow on left hand and accused Jaswant Singh inflicted lathi blow on left hand of complainant by which she sustained bruise. On hearing her cries, witness Pancham and Sidharth came there and intervened in matter. At the time of fleeing away from place of occurrence, all accused persons told her for vacating the house and abused in filthy languages. On the basis of such report, Crime No.186 of 1993 was registered. Injured- complainant Ramdehi (PW2) was medically examined. Statements of witnesses were recorded. After completion of investigation and other formalities, charge sheet was filed before the Court of JMFC. After conclusion of trial and after marshalling the evidence, the trial Court convicted the applicants for offence under Sections 326, 326/34 and 452 of IPC and sentenced them three years RI and one year RI with fine of Rs.500-500 with default stipulation. Being dissatisfied, applicants preferred a criminal appeal before lower appellate Court and lower appellate Court vide impugned judgment modified the sentence of the applicants by confirming the conviction passed by trial Court for offences as mentioned above.

It is submitted by counsel for the applicants that both the Courts below have committed an error in appreciating evidence of prosecution witnesses. They have been falsely implicated due to previous enmity that one Pancham was murdered by complainant party