Mohan And Others vs State Of Madhya Pradesh

Gajendra Singh, J

This appeal is preferred challenging the judgment dated 15.09.2025 passed in SCATR No.88/2016 by Special Judge (SC/ST POA) Act, Indore in a case arising out of the Crime No.326/2013 registered at Police Station Simrol, Indore whereby the appellants have been convicted and sentenced as below:

Sr. No

Conviction

Imprisonment

Fine

Imprisonment in Lieu Of fine

1.

148 IPC r/w Section 3(2)(va) of SC/ST (POA) Act

01 Year R.I.

Rs.500/-

01 Month R.I.

2.

326/149 IPC r/w Section 3(2)(v) of SC/ST (POA) Act

03 Years R.I.

Rs.2000/-

06 Month R.I.

3.

324/149 IPC r/w Section 3(2)(va) of SC/ST (POA) Act

01 Year R.I.

Rs.1000/-

01 Month R.I.

4

323/149 IPC

06 Months R.I.

Rs.500/-

01 Month R.I.

As per the counsel for the appellants, the sentence of the appellants has already been suspend by the learned trial Court till 14.10.2025.

Record of the trial Court is not available and the same be called for.

On perusal of the judgment, the above conviction and sentence, prima facie, discloses that all the appellants have been convicted under Section 326 of IPC read with section 3 (2)(v) of SC/ST (POA) Act, 1989.

The punishment prescribed under Section 326 of IPC is as below:-

Voluntarily causing grievous hurt by dangerous weapons or means-

Whoever, except in the case provided for by section 335, voluntarily causes grievous hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance, or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

The Punishment prescribed under Section 3(2)(v) of SC/ST (POA) Act, 1989 is as below:-

Section 3(2)(v) in The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989

(v) commits any offence under the Indian Penal Code (45 of 1860) punishable with imprisonment for a term of ten years or more against a person or property knowing that such person is a member of a Scheduled Caste or a Scheduled Tribe or such property belongs to such member, shall be punishable with imprisonment for life and with fine;

If there is applicability of Section 3(2)(v) of SC/ST (POA) Act, 1989, the only sentence to be awarded, is imprisonment for life.

Let a clarification be called from the concerned trial Court regarding imposition of sentence of three years R.I. in Section 3(2)(v) of SC/ST (POA) Act, 1989.

Matter be listed on 08.10.2025.