Shrilal Khairwar vs State of Madhya Pradesh

Hon''ble Justice Shri A.K. Shrivastava

Feeling aggrieved by the judgment of conviction and order of sentence dated 29.09.1997 passed by learned Sessions Judge, Sidhi in S.T. No. 66/1995 convicting the appellant u/s 324 of IPC and thereby sentencing him to suffer RI of three years and fine of Rs. 500/- in default further RI of six months, this appeal has been preferred by the appellant u/s 374 (2) of the Code of Criminal Procedure, 1973. The facts in detail have already narrated by the Trial Court in paras 2 and 3 of the impugned judgment and for convenience they are not being reproduced. Suffice it to say that appellant was charged u/s 307 IPC, however, he has been convicted u/s 324 IPC and has been directed to suffer imprisonment as mentioned in para 1 of the impugned judgment.

The contention of learned counsel for the appellant is that looking to the evidence placed on record, it is not proved that appellant has committed any offence. Alternative submission has also been put forth by him that if this Court comes to the conclusion that appellant has committed the offence, in that since since the incident occurred 17 years ago, it would not be fruitful to send the appellant behind the bars again. It is also contended by him that appellant has already suffered jail sentence of one year and three months and this would be the appropriate punishment for the offence which he has committed.

On the other hand, learned Public Prosecutor argued in support of the impugned judgment and prayed for dismissal of this appeal.

Having learned counsel for the parties, I am of the view that this appeal deserves to be allowed in part.

On bare perusal of the statement of the injured Ramadhar (PW-4) it is gathered that appellant who is his real brother has stolen she goats which was given to the injured as a gift by his in-laws and sold them in the market. It has been specifically stated by the injured that on the date of incident when he was going to graze the cattle at that juncture with the arrow applicant caused injured to him. He has further stated that the arrow stabbed his chest region. This witness was cross examined at length but nothing has been carved out in order to disbelieve his statement. The evidence of this witness is corroborated by the evidence of Dr. Badri Singh (PW-3) who has categorically stated that injury did not sustain any internal damage to his body, however he found penetrating would on his chest 2 inches depth. Thus, the evidence of injured has been corroborated by the evidence of Dr. Badri Singh. Thus, I am of the view that learned Trial Court did not commit any error in convicting the appellant u/s 324 IPC.

Appellant has already suffered jail sentence of 11 days. However, at the same time the interest of injured is also to be seen so that he may also get justice and, therefore, it would be justifiable to enhance the fine amount from Rs. 500/- to Rs. 5000/-(Rupees Five thousand only). Let the balance amount of Rs. 4500/-shall be deposited by the appellant on or before 28.2.2013 in the Trial Court, failing which he shall further undergo one year RI. Let the entire amount be paid to injured Ramadhar, S/o Dadai, Agriculturist, R/o Village Chitarwai-kala, Police Station Waidhan, District Sidhi, M.P. who was examined as PW-4 in the Trial Court towards compensation u/s 357 of Cr. P.C. Learned Trial Court is hereby directed to do the needful in this regard. The bail bonds of this appellant shall stand cancelled only after he deposits entire amount of fine on or before said date.

Appellant is hereby directed to appear before the learned Trial Court on 17.12.2012 and shall deposit the balance amount of fine. If appellant is unable to deposit the balance amount on this date or deposits only part of the entire amount, learned Trial Court shall give a date to him to deposit the remaining amount and if on that date also, the appellant fails to deposit the amount, a further date may be given but that date should not exceed beyond 28.02.2013 and by this date appellant should deposit the balance fine amount, failing which he shall undergo the jail sentence of one year RI. In case appellant fails to appear before learned Trial Court on 17.12.2012, the Trial Court shall issue notice to his surety and may pass necessary order against him in accordance with law. After depositing the amount of fine or sending the appellant to jail, the Trial Court shall intimate the Registry of this Court. The Registry is hereby directed to send the original bail bonds papers to learned Trial Court and a photocopy thereof be retained in this file. It is further made clear that after entire amount of fine is deposited by the appellant his bail bonds shall stand cancelled which shall be paid to injured. Resultantly, this appeal succeeds and is hereby allowed in part. The conviction of appellant u/s 324 IPC is hereby affirmed, however, the sentence is hereby modified to the extent indicated hereinabove. Appellant is on bail, his bail bonds shall stand discharged.