The prosecution established beyond reasonable doubt that the appellant voluntarily caused simple injuries, corroborated by credible testimonies and medical evidence.

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE B. P. SHARMA rd ON THE 23 OF SEPTEMBER, 2025 CRIMINAL APPEAL No. 1194 of 2018 ABDUL HAKEEM Versus THE STATE OF MADHYA PRADESH Appearance:

Shri Prahlad Choudhary, Senior Counsel with Ms. Divyani Choudhary, counsel for appellant.

Shri Satyapal Chadar, Government Advocate for respondent/State.

Reserved on : 19.09.2025 Pronounced on : 23.09.2025 JUDGEMENT This criminal appeal has been preferred under Section 374 (2) of the Code of Criminal Procedure, 1973 , assailing the judgment of conviction and order of sentence dated 30.10.2017 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Act, Mandla in Special Sessions Trial No.200017/2016. By the said judgment, the learned trial Court found the appellant guilty for the offence punishable under Section Signature Not Verified Signed by: SANTOSH

323 (two counts) of the IPC and sentenced him to undergo imprisonment till rising of the court and fine of Rs.1,000/-,Rs.1,000/-, with default stipulation.

2. Briefly stating the case of prosecution was that on the date of incident 10.1.2016 at about 9 AM, Leelabai, the grandmother of Devendra Marko (PW1) was collecting wood near the drainage, upon which accused Hakim objected. Leelabai replied that she is collecting wood from her own side and not on his. Thereafter the accused Hakim said to Devendra to pacify her grandmother, to which Devendra replied that she has pacified and asked the accused not to abuse. Thereafter they had a scuffle. At that moment accused Naseem reached there armed with axe, and during the scuffle Suhanabai PW2 (mother of Devendra) fell down as she was pushed, resulting in injuries to right leg. A report to this effect was lodged and after completion of investigation, charge sheet was filed.

3. Learned counsel for the appellant submitted that the conviction recorded by the trial court is erroneous and liable to be set aside. It was contended that the prosecution failed to prove the essential ingredients especially voluntarily causing hurt of the offence under Sections 323 IPC beyond reasonable doubt. Reliance was placed on the alleged Signature Not Verified Signed by: SANTOSH contradictions and omissions in the statements of witnesses, particularly regarding the sequence of events and the nature of injuries sustained by Suhanabai. They are related witnesses. Counsel emphasized that the complainant’s allegations regarding the conduct of the accused were self- contradictory and exaggerated, and that the medical evidence did not fully substantiate the prosecution’s version. PW4 to PW7 have turned hostile. The independent witnesses have denied the incident.

4. Learned counsel for the State submitted that the prosecution has proved the offences beyond reasonable doubt. It has been submitted that the ocular testimony of the complainant (PW-1), supported by her grandmother (PW-2) is consistent, credible, and corroborated by medical evidence Ex.P/13 to P/16. The accused has assaulted (PW1) Devendra and (PW2) Suhanabai. No case is made out for interference with the judgment and order of conviction recorded by the Trial Court.

4. The point for determination is as thus:

5. Whether learned trial Court committed error in appreciation of evidence on record?

Finding with Reasoning Signature Not Verified Signed by: SANTOSH

6. Complainant Devendra (PW1) has stated that on the date of incident at 10 AM, while his grandmother Leelabai was collecting firewood near the drainage, at that moment accused Hakim came out of his house and started abusing his grandmother. He (witness) also came out, whereafter Hakim told him to persuade his grandmother, he said he had persuaded her, and said not to hurl abuses. When her mother Suhanbai came out, accused Hakim pushed her and also gave a blow by wooden part of axe, consequently she fell down, and sustained injuries on her leg.

7. Suhanabai (PW2)