Salman And Shahid vs State Of Madhya Pradesh

This revision application has been filed under Section 397 and 401 of Cr.P.C by the applicants against the judgment passed by the Sessions Judge, Dewas in Criminal Appeal No.303/2018 passed on 2.3.2019 whereby, the applicants have been convicted under Section 323/34 (two count) of IPC for a period of 6-6 month R.I and fine of Rs.1000/- each and in default of fine 1 month R.I whereby, confirming the judgment passed by JMFC, Dewas in Criminal Case No.575/2013 passed on 29.9.2018.

I.A.No.2086/2019 which is an application for suspension of sentence of the applicants.

Record of the trial Court is available.

Learned counsel for the parties have sought to make final submissions at motion stage.

Prayer was allowed.

Final submissions were made by learned counsel for the parties.

As per the prosecution case, on 13.2.2013 at about 11.30 AM complainant Chhagan Yadav resident of Village Dakachya post Polai, District Dewas registered an FIR that when he was going from his village to a shop Bala Colour Lab along with his friend Dharmendra Singh on motor cycle, accused/applicants driving Tata Magic Vehicle No.MP41/R/0757 collided with the motor cycle.

On objecting, both the applicants abused the complainant and his friend. Applicant no.2 Shahid, cleaner of the Tata Magic caught hold of the complainant and applicant no.1 Salman, driver beat him by iron pipe by causing injury on his nose. When Dharmendra came to intervene, he was also beaten by them through pipe causing injury on his hand. Thereafter both the applicants fled from the spot. The incident was witnessed by Jitendra Yadav (PW-4) and Sohan (PW-7).After recording of the FIR, investigation ensued and charge sheet was submitted under Section 294,323/34 (two counts) and 506 (Part -2) of IPC.

The trial Court JMFC, Dewas framed charges against the applicants under Section 294, 323/34 and 506 (Part-2) of IPC in Criminal Case No.575/2013. After conclusion of the trial, the applicants were acquitted from offences under Section 294 and 506(Part -2) of IPC but convicted and sentenced under Section 323/34 on two counts and were sentenced to 6 months of R.I and Rs.1,000/- of fine for each counts and were also sentenced to suffer imprisonment of 2 months R.I on default in paying fine.

An appeal against the trial Court judgment was then preferred by the applicants.

The Appellate Court ,i.e, Sessions Judge, Dewas in Criminal Appeal Case No.303/2018 vide judgment dated 2.3.2019, dismissed the appeal.

It is against the order dated 2.3.2019, this revision has been preferred. It has been stated that the judgment of Courts below is neither legal nor proper nor correct and the prosecution witnesses have wrongly believed and it is prayed that the applicants be acquitted.

The main question before this Court is whether the conclusion drawn by the Appellate Court suffers from some manifest error or impropriety and whether the sentence imposed on the applicants is disproportionate to the acts of the applicants.

Perusal of the record shows that the prosecution has examined 7 witnesses in all. Chhagan Yadav(PW-1) and Dharmendra (PW-2) are the two complainants, who have stated that they were beaten up by the applicants and both submitted that the incident occurred when the Tata Magic driven by the applicant no.1 Salman collided against the motor cycle from behind and on raising of objection by witnesses, both the applicants started abusing and assaulting the witnesses. Chagan Yadav (PW-1) submits that he was dealt with injury on his nose with a pipe by applicant no.1 Salman and he was hit elsewhere also. He has exhibited FIR which is Ex-P-1 and also exhibited spot map which is Ex-P-2. Dharmendra (PW-2) states that he saw his friend Chhagan Yadav (PW-1) being assaulted and when this witness came to intervene, he also suffered injuries.

Dr. R.K.Sharma (PW-3) has found 4 injuries on person of Chagan Yadav (PW-1) they are scratch on the nose size 3 cm X 2 cm, contusion on right temporal region of the skull measuring 2 cm x 1 cm, contusion on right thigh measuring 2 cm x 1 cm and the left big toe nail had been separated completely. Report is Exhibit P-3. This witness also found one injury on Dharmendra on his left hand in the form of contusion. Both the eye witnesses have not been given any such suggestion which may bring about any contradiction vis-a-vis statements made in examination-in-chief.

Another eye witnesses are Jitendra Yadav (PW-4) and Sohan (PW-7). The Pipe used in assaulting the complainants was recovered from applicant no.1 Salman as per statement of Rajesh(PW-5), who was posted as Head Constable at that point of time. The seizure memo of iron pipe is Exhibit P-5. These witnesses have not been cross-examined in a manner so as to bring about infirmities in their statements.

Consequently, it is concluded that conviction of these applicants under Section 323/34 of IPC was appropriate and there is no reason to interfere with the finding of conviction by the two Courts below.

As regards sentence is concerned, the applicants are in jail since 2.3.2019, i.e, for a period of one month.

Learned counsel for the applicants submits that the period the applicants have spent in jail be considered to be adequate and the sentence undergone be considered to be appropriate in this matter looking to the nature of the offence.

After due consideration, the imprisonment of one month in jail is being considered adequate punishment for causing simple injury to both injured person for each count.

Consequently, imprisonment of one month each is being imposed instead of 6 months with stipulation of concurrent running of sentence in each of the counts.

Thus revision stands partly allowed on the quantum of sentence.

It is ordered that the applicants Salman and Shahid shall be released from jail immediately on payment of fine of Rs.1000/- each (on two different counts, if not already paid).

The revision application stands partly allowed in above terms.

Let a copy of this judgment be sent to the trial Court along with the record of the trial Court for compliance.

C.c as per rules.