Sujeet vs State of Madhya Pradesh

N.K. Gupta, J.—The applicant was convicted for offence punishable u/s 325 read with Section 34 and 323 of I.P.C. vide judgment dated 12.12.2009 passed by the Judicial Magistrate First Class, Nainpur (Shri Sanjay Raj Thakur) in Criminal Case No. 228/2009 and sentenced for one years rigorous imprisonment with fine of Rs. 200/- and six months simple imprisonment respectively. In Criminal Appeal No. 05/2010 the learned IInd Additional Sessions Judge, Mandla vide judgment dated 23.1.2013 partly allowed the appeal. He was acquitted from the charge of offence punishable u/s 323 of I.P.C. and the conviction and sentence for the offence punishable u/s 325 of I.P.C. and sentence was maintained. Being aggrieved with both the judgments the applicant has preferred this revision. The prosecution''s case in short is that on 29.6.2009 at about 10:00 a.m. in the morning the complainant Shyamabai was working in her own house situated at Ward No. 9 Nainpur, District Mandla. The applicant along with other accused went inside the house and abused the victim with filthy abuses and thereafter, he assaulted the victim. The applicant twisted the hands of the complainant and also assaulted her. The complainant had lodged an FIR Ex. P/3 before the Police Station, Nainpur. She was sent for her medico legal examination to the Community Health Centre, Nainpur. Dr. R.K. Kumre (PW 8) examined the complainant and gave his report Ex. P/8 and P/9. He found swelling and pain in right palm and right wrist of the complainant Shyamabai and thereafter, on X-Ray examination there was a crack fracture found in her radius bone of the right wrist. After due investigation a charge sheet was filed.

The applicant abjured his guilt. He did not take any specific plea in the defence but, he has stated that he was falsely implicated in the matter. No defence evidence was adduced.

The learned JMFC, Nainpur after considering the evidence adduced by the parties convicted and sentenced the applicant as mentioned above whereas the learned IInd Additional Sessions Judge, Mandla acquitted all other accused persons from the charge of offence punishable u/s 325 read with Section 34 of I.P.C. and imposed fine upon other persons for the offence punishable u/s 323 of I.P.C. whereas the applicant was acquitted from the charge of offence punishable u/s 323 of I.P.C. but, conviction and sentence for offence punishable u/s 325 of I.P.C. was maintained.

I have heard the learned counsel for the parties.

The learned counsel for the applicant submits that the applicant is a first offender who remained in the custody for more than 53 days. There is no allegation against the applicant that he used any weapon in assaulting the victim. It is alleged against the applicant that he simply twisted the wrist of the complainant and therefore, a small crack fracture was caused. Under such circumstances, looking to his overt act his custody period appears to be an appropriate sentence and he may not be sent to the jail again.

After considering the submissions made by learned counsel for the parties and looking to the facts and circumstances of the case, it appears that the applicant does not challenge the conviction directed against him. However, looking to the evidence of Janki (PW 1), Shyamabai (PW 2), Shushila (PW 3), Motilal (PW 4), timely lodged FIR Ex. P/3 and various medical reports proved by Dr. Kumre (PW 8), it is proved beyond doubt that applicant voluntarily caused grievous hurt to the victim Shyamabai and therefore, both the Courts below have rightly convicted the applicant for offence punishable u/s 325 of I.P.C.

So far as the sentence is concerned, it is true that the applicant did not use any weapon in the incident. He was the first offender, who remained in the custody for 53 days. Looking to the overt act and looking to the fact that he was the first offender, his custody period appears to be an appropriate sentence against him. However, fine amount may be enhanced.

On the basis of the aforesaid discussion the revision filed by the applicant is hereby partly allowed. The conviction for offence punishable u/s 325 of I.P.C. is hereby maintained but the sentence is reduced to the period which he has already undergone in the custody. However, fine amount is enhanced from a sum of Rs. 200/- to Rs. 7000/-. The applicant is directed to deposit the fine amount before the trial Court within two months from today, failing which he shall undergo six months rigorous imprisonment in addition. If fine amount is deposited then a sum of Rs. 5000/- be given to the victim Shyamabai w/o. Nandlal r/o. Ward No. 09, Nainpur, District Mandla by way of compensation.

The applicant is on bail. His presence is no more required before this Court and if he deposits the remaining fine amount his bail bonds shall stand discharged. Copy of the order be sent to both the Courts below along with their records for information and compliance.