Gopal vs State of M.P.

G.S. Solanki, J.—This appeal has been preferred by the appellants under Section 374(2) of the Cr.P.C. being aggrieved by the judgment dated 20.09.2006 passed by Additional Sessions Judge, Burhanpur in S.T. No. 289/2005 whereby appellants have been convicted as under :-

(i) Appellants No. 2 and 8 have been convicted under Sections 147, 307, 307/ 149, 148 of the I.P.C. and sentenced to R.I. for 1 year with fine of Rs. 500/-, R.I. for 4 years with fine of Rs. 1,000/-, R.I. for 4 years with fine of Rs. 1,000/- and R.I. for one year with fine of Rs. 500/- respectively with default stipulations.

(ii) Appellants No. 1,3,4,5,6 and 7 have been convicted under Sections 147, 148 and 307/ 149 of the I.P.C. and sentenced to R.I. for 1 year with fine of Rs. 500/-, R.I. for 1 year with fine of Rs. 500/- and R.I. for 4 years with fine of Rs. 1,000/- respectively with default stipulations.

It is undisputed that during the pendency of this appeal, complainant/injured persons and appellants have been entered into a compromise. The genuineness of compromise has already been verified by Registrar (J-1) on 24.07.2014.

The facts in short, giving rise to this appeal are that on 26.06.2005, complainant Vinod was standing out of the hotel of Tara Seth alongwith Pintya, Manoj and Virendra. It is alleged that at this juncture, appellants Ramesh, Raju, Deva, Sunil, Zakku @ Zakir, Prarasram and Vijju @ Vijay came there. They were having stick, pipe and rod in their hands. They abused the complainants and started making assault on them. It is further alleged that Ramesh had assaulted Manoj by sword. Raju had assaulted Pintya by rod and appellants Vijju and Parasram had assaulted Vinod by pipe. When Vinod tried to pacify the matter, he was assaulted by Zakku @ Zakir, Sunil and Gopal. Deva had assaulted Manoj, Pintya and Virendra by stick. The complainants lodged the report at Police Station Lalbagh at about 12.30 at night. Injured were sent to the hospital for treatment.

During investigation, appellants were arrested and respective weapon of offence have been recovered from their possession. After due investigation, appellants have been charge sheeted before Judicial Magistrate First Class, Burhanpur, who in turn, committed the case to the Court of Sessions. The Sessions Judge has made over the case for trial to the Additional Sessions Judge, Burhanpur. The Additional Sessions Judge framed the charge under Sections 147, 148, 307/ 149 (2 counts against appellants Ramesh and Raju and under sections 147, 148, 307/ 149 (3 counts) of the I.P.C. against other appellants.

Appellants abjured the guilt and pleaded false implication.

The Trial Court after considering the evidence on record, the appellants have been convicted and sentenced as mentioned hereinabove. Hence, this appeal.

Learned counsel appearing on behalf of the appellants has submitted that the trial Court had committed an illegality in appreciating the evidence on record in its proper perspective. He further submitted that none of the injured person have sustained any fracture on any part of the body. As per statement of Dr. B.D. Gattani (P.W.-12), all the injured persons have sustained simple injuries like contusions and abrasions. In these circumstances, there was no evidence on record in regard to punishable offences under Section 307/ 149 of the I.P.C. against the appellants. It is further submitted that at the most the offence proved against the appellants was to the extent of Section 323/ 149 of the I.P.C. and the same is compoundable. The appellants have already entered into a compromise, therefore, on the basis of compromise, the appellants may be acquitted from the charges.

Learned counsel appearing on behalf of respondent/State has supported the conviction and sentence recorded by the trial Court and prays for dismissal of the appeal.

I have perused the impugned judgment alongwith the statement of injured Vinod, Pintya, Manoj and Virendra and statements of Dr. R.K. Khare (P.W.-8) and Dr. B.D. Gattani (P.W.-12). On the basis of aforesaid, it is proved that appellants have assaulted Vinod, Pintya, Manoj and Virendra and thereby they sustained simple injuries like contusions and abrasions. In these circumstances, at the most, only offence under Section 323/ 149 of the I.P.C. has been proved against the appellants. Further the trial Court had committed an illegality in recording the conviction under Section 307/ 149 of the I.P.C. Since the appellants have already entered into a compromise and resolved the dispute out of the court.

Accordingly, the appeal is partly allowed and the conviction recorded under Section 307/ 149 of the I.P.C. is hereby set aside. Instead appellants have been convicted under Section 323/ 149 of the I.P.C. alongwith the offences under Sections 147 and 148 of the I.P.C. However, the matter has already been compromised and the compromise application has been allowed by this Court, therefore, the appellants are acquitted to the aforesaid offence under Section 320(8) of the Cr.P.C.

Appellants are on bail. Their bail bonds and surety bonds have been discharged. The fine amount has already been deposited by the appellants, the same be refunded to the appellants.

Record of the trial Court be sent back immediately along with the copy of this judgment for information and necessary action.