Ramsurat alias Marra vs State of Madhya Pradesh

Hon''ble Shri Justice N.K. Gupta, J.—This criminal appeal is preferred by the appellant being aggrieved by the judgment dated 26/9/1996 passed by the 5th Additional Sessions Judge, Rewa in ST No.92/1992, whereby the appellant was convicted for commission of offence punishable under Sections 333, 448 and 294 of IPC and sentenced for two years'' rigorous imprisonment with fine of Rs.1,000/-, fine amount of Rs.300/-and fine amount of Rs.200/-. The default sentence was directed for 3 months'' SI, one month''s SI and 15 days'' SI respectively. The prosecution''s case, in short, is that on 28.4.1992 Gajraj Singh (PW-3) was working as Incharge Principal in the Government Higher Secondary School, Panwar (Rewa). At about 8:30 AM in the morning he took a round of the examination centre. He found that some persons were giving objectionable material to a boy sitting at Roll No.117 from a hole in the wall, therefore Gajraj Singh shifted the seat of that boy. Thereafter, he was taking round of other places. The appellants entered in the school premises and started abusing against the complainant Gajraj Singh with obscene words and also assaulted him. Due to the assault, he sustained injury on his left jaw. He lost one tooth. Some injuries were also caused in his hand and other parts of the body. He gave a written report Ex. P-3 to the SHO Police Station Panwar District Rewa by which a case was registered with FIR Ex. P-7. The complainant was sent to the hospital for his medical legal examination and treatment. Dr. R.D.Sharma (PW-1) after examining the victim Gajraj Singh gave his report Ex. P-1. He found a contusion on the left jaw of the victim and also found one molar tooth broken on the left side of the row. Blood was also oozing from that place of the tooth. He also found that there were abrasions on the index finger and middle of the right hand of the victim. After due investigation, a charge sheet was filed before the Judicial Magistrate First Class, Teonthar, who committed the case to the Sessions Judge and ultimately it was transferred to the 5th Additional Sessions Judge, Rewa.

The appellants-accused abjured their guilt. They had stated that there was a dispute between the complainant and the parents of the appellants relating to some construction of Shakti Peeth and unauthorized residence of the complainant in that Shakti Peeth, and therefore they were falsely implicated in the matter due to such enmity. In defence Sant Kumar Mishra (DW-1) and Bharat Prasad Mishra (DW-2) were examined to show about the enmity and that an accident took place of the complainant by a motorcycle.

The learned 5th Additional Sessions Judge, Rewa after considering the evidence adduced by the parties convicted and sentenced the appellants as mentioned above.

During the pendency of this appeal, the appellant Premnarayan alias Gudda has expired, and therefore his appeal was abated due to his death and his name was deleted from the array of the appellants vide order dated 4.9.2000.

I have heard the Learned Counsel for the parties.

The Learned Counsel for the appellant has submitted that a false case has been created against the appellant. Complainant Gajraj Singh did not take any action against the boy who was using the objectionable material in the examination. It is nowhere proved that the complainant was working as Incharge Principal. No such certificate or letter has been given by any authority. The appellant was falsely implicated in the matter due to enmity, and therefore it is prayed that he may be acquitted. It is also submitted that no X-ray report was submitted, and therefore it was not proved beyond doubt that the victim sustained any grievous injury. In support of his contention, Learned Counsel for the appellant has placed his reliance on the judgment of the Punjab & Haryana High Court in the case of Biram Dass Vs. The State of Punjab, In the alternate, it is submitted that the appellant was 25 years old at the time of incident and he has faced this trial and appeal for last 20 years. Under such circumstances, it is prayed that the appellant may not be sent to the jail again.

On the other hand, Learned Counsel for the State has submitted that the trial Court has rightly convicted and sentenced the appellant, and therefore no interference is warranted from the side of this Court.

After considering the submissions made by Learned Counsel for the parties, it is to be considered as to whether the present appeal can be accepted on merits? And whether the sentence passed by the trial Court can be reduced?

The Gajraj Singh (PW-3) has stated that he was working as Incharge Principal in the Government Higher Secondary School, Panwar and he took a round at 8:30 AM in the morning on 28.4.1992. Being the highest authority of the school at that time, it was not possible for the complainant to get a certificate about his charge from any other officer. His charge could be established by his own conduct that he wrote a complaint Ex. P-3 to the SHO Police Station Panwar in which it was mentioned that he was the Incharge Principal of the Government Higher Secondary School, Panwar. Similarly, Sudarsan Singh (PW-4) has admitted that on that particular day the complainant Gajraj Singh was the Incharge Principal and he took a round in the various examination halls. No challenge has been given in the cross examination to the witnesses Gajraj Singh and Sudarsan Singh to that point that he was not the Incharge Principal at that time. Under such circumstances, by the version of the complainant and witness Sudarsan Singh, it is very well established that the complainant Gajraj Singh was the Incharge Principal at the time of incident and he was a public servant in the eye of law to look the matter of the examination.

The Learned Counsel for the appellant has submitted that no action was taken against the student who was getting the slips from the appellant from a hole in the wall. That student Sant Kumar Mishra (DW-1) was examined before the trial Court to show that there was an enmity between the complainant and the father of the appellant. If a student was receiving some paper slips relating to the answer of the various questions, then action taken by the complainant appears to be correct that the place of the boy was shifted. Thereafter there was no indication that he was getting any chit from anyone, and therefore there was no need to take a stern action against that student. The witness Sant Kumar Mishra (DW-1) has admitted that the appellant was his cousin. Under such circumstances, it appears that the allegations made by the complainant are correct. The appellant being cousin of the student was supplying him a chit for copying the answer in the examination copy. Under such circumstances, it makes no difference, if no stern action was taken against that student.

Gajraj Singh (PW-3) has stated that when he went to the campus of the school, then suddenly the appellant went inside the campus of the school and assaulted him, therefore he got an injury on his left jaw. The witness Sudarsan Singh (PW-4) was present in the examination hall, and therefore he could not see the actual assault, but on hearing the shouting, he went out of the examination hall and found that the appellant was assaulting the victim and thereafter he ran away from the spot. The witness Bharat Prasad Mishra (DW-2) has stated about the motorcycle accident took place to the complainant, but no such suggestion was given to the witness Sudarsan Singh or victim Gajraj Singh about the accident or that the accident was seen by Bharat Prasad Mishra. Apparently, Bharat Prasad Mishra is a concocted witness, who was telling the falsehood before the trial Court. There was no enmity proved between the parties so that the complainant could falsely implicate the appellant in the case. The defence witnesses tried to show some enmity due to construction of Vidhya Peeth and that complainant was residing in the Vidhya Peeth in an unauthorized manner. However, no document has been submitted to show such an act of the complainant. No suggestion has been given to the complainant Gajraj Singh on that point. Under such circumstances, the defence taken by the appellant appears to be an after thought, which cannot be accepted.

The testimony of the victim Gajraj Singh is duly corroborated by the evidence of witness Sudarsan Singh (PW-4), timely lodged FIR Ex. P-3 and the medical report given by Dr. R.S.Sharma(PW-1). It is proved that the appellant assaulted the victim Gajraj Singh in the campus of the Government Higher Secondary School.

The Learned Counsel for the appellant has submitted that no grievous injury was caused to the victim, because no X-ray report or plate has been submitted before the trial Court. But the contention of Learned Counsel for the appellant cannot be accepted, because Dr. R.S.Sharma has found that there was an injury in the left jaw of the victim and one molar tooth was found broken from which a blood oozing wound was found in the sacket of the tooth, and therefore looking to the indication of the injury, it is apparent that the molar tooth of the victim was broken in the assault, and therefore there was no need to get X-ray of the place. In the present case, it is very well established that the appellant caused grievous hurt to the victim.

It is fully established by the defence witness Sant Kumar Mishra (DW-1) that the appellant was his cousin, and therefore when his place of sitting was shifted by the complainant, the appellant went inside the school and started assaulting the victim, therefore the complainant was being assaulted by the appellant with the reason that he shifted his cousin from a particular place in the examination hall, it was the result of his duty which he had done being a public servant, and therefore since the appellant had assaulted the victim causing him a grave injury because he had done some public duty, then offence u/s 333 of IPC is squarely made out. The learned Additional Sessions Judge, Rewa has rightly convicted the appellant for the offence u/s 333 of IPC.

The Learned Counsel for the appellant has not submitted against the conviction under Sections 448 and 294 of IPC, because the appellant was punished for those offences with fine only, and therefore there is no need to consider the merits of the case for conviction under Sections 448 and 294 of IPC. The judgment cited by the Learned Counsel for the appellant in the case of Biram Dass (supra) does not cover any of the point raised in the present appeal, and therefore it is not relevant in the instant case.

So far as the sentence is concerned, it is true that the appellant No.2 was a young youth of 25 years old at the time of incident. He remained in the custody from 28.4.1992 to 8.6.1992 i.e. for 42 days. He has faced the trial and appeal for last 20 years. Under such circumstances, it would not be proper to send him again in the jail. But looking to the overt-act of the appellant where he assaulted the Incharged Principal of the Government Higher Secondary School, who prohibited the appellant from giving answer chit to a student, who was appearing in the examination, some heavy fine is required to be imposed upon the appellant in lieu of the jail sentence.

On the basis of above discussion, the instant appeal filed by the appellant is partly allowed. The conviction directed against the appellant by the trial Court for commission of offence under Sections 333, 448 and 294 of IPC is hereby maintained. But the sentence of fine under Sections 448 and 294 is also maintained, however the sentence for the offence u/s 333 of IPC is hereby reduced to the period which he has already undergone in the custody by enhancing the fine amount from Rs.1,000/-to Rs.5,000/-. The appellant is directed to deposit the remaining fine amount before the trial Court within two months from today, failing which he shall undergo RI for nine months. If fine amount is deposited, then a sum of Rs.4,000/-may be given to the victim Gajraj Singh S/o Shri Bhagwati Singh, R/o Village Panwar, PS Panwar District Rewa by way of compensation.

The appellant is on bail. His presence is no more required, and therefore it is directed that his bail bonds shall stand discharged. A copy of this judgment be sent to the trial Court with its record for information and compliance.