Hariram Raikwar vs The State of Madhya Pradesh

G.S. Solanki

This Criminal Revision u/s 397/401 of Code of Criminal Procedure has been preferred by the applicants being aggrieved by judgment dated 24.9.2001 delivered by Third Additional Sessions Judge, Sagar (Camp Rehali) in Criminal Appeal No. 68/2001 whereby conviction and sentence recorded vide order dated 13.3.2001 passed by Judicial Magistrate First Class, Rehali in Criminal Case No. 79/96, was affirmed. Facts, in short, giving rise to this revision petition are that on 4.1.1996 at about 2.00 O''clock, when applicants were digging a pit near the way of complainant Sukhram, Sukhram and his brother Panche told them not to dig the pit. At this juncture, applicants Hariram Raikwar and Arjun Raikwar assaulted the complainants. Arjun assaulted Panche by means of an axe whereby he sustained injury on his head and Hariram assaulted Sukhram by a Tabelwhereby he sustained injury on his right hand. On making hue and cry, other witnesses like Shivnarayan, Moolabai and Phoolrani were came over there, the applicants fled away from the spot of the incident. A report was lodged at police station Garhakota by the complainant.

After due investigation, a charge sheet was filed against the applicants before the Judicial Magistrate First Class, Rehali. Learned Judicial Magistrate after appreciating the evidence, convicted the applicants u/s 324 read with Section 34 of IPC and sentenced to rigorous imprisonment for 6 months and fine of Rs. 500/-(each), with default stipulations vide judgment dated 13.3.2001.

Being aggrieved to aforesaid judgment dated 13.3.2001, applicants filed the appeal before the Third Additional Sessions Judge, Sagar (Camp Rehali), who dismissed the appeal and affirmed the conviction and sentence recorded by the Judicial Magistrate First Class vide judgment dated 24.9.2001. Hence this revision petition.

I have perused the impugned judgments and record of the courts below along with statements of injured persons Sukhram, Panche and eye witness Shivnarayan, who specifically stated that the applicants assaulted the complainants by using the sharp weapons. This fact was duly corroborated by the medical evidence of Dr. Kiran Singh (PW4). In these circumstances, the trial Court as well as the First Appellate Court rightly reached to the conclusion that the present applicants intentionally caused injuries to the complainants by using the sharp cutting weapons. Therefore, I am of the view that there is no illegality or irregularity committed by the courts below in recording the conviction u/s 324 read with Section 34 of IPC. Thus, the conviction recorded u/s 324/34 of IPC, is hereby affirmed.

However, since applicants had already suffered the jail sentence of 12 days, in these circumstances, ends of justice would be met, if the applicant is convicted for a period of the jail sentence (12 days) already undergone and fine of Rs. 500/-each.

Resultantly, the criminal revision is partly allowed. The conviction recorded by the Courts below u/s 324/34 of IPC is hereby affirmed. The jail sentence awarded by the Courts below is reduced to the period of about 12 days already undergone and fine amount of Rs. 500/-each. The fine amount has already been deposited. This revision petition is finally disposed of.