Suresh Bhawasar vs State Of Madhya Pradesh

Sanjay Dwivedi, J

The instant appeal has been preferred by the appellant under Section 372 of the Code of Criminal Procedure questioning validity of the judgment dated 05.10.2023 passed by First Additional Sessions Judge, Itarsi, District Narmadapuram in Cr.A. No.34 of 2023, reversing the judgment of the trial Court whereby the trial Court has convicted the respondent No.2 under Section 294 of the Indian Penal Code.

Learned counsel for the appellant submits that the Appellate Court while giving the finding has not taken note of the statement of witnesses i.e. Suresh (PW-1), Rahul (PW-4) and Sudesh (PW-5) whereas the conviction was based upon the statement of these witnesses and, therefore, the judgment passed by the Appellate Court reversing the well reasoned judgment of the trial Court is not proper.

I have perused the judgment passed by the trial Court as also of the Appellate Court.

As per the case of prosecution, on 06.11.2016, the complainant namely Suresh has made a complaint that the accused-respondent No.2 along with other co-accused came to the place i.e. Raj Talkies which was being run by him and started abusing him. They threatened the complainant that he should not visit the talkies because he had no right over the same and thereafter they assaulted the complainant physically and caused injuries to him. The said information was conveyed by the complainant to his sons namely Rahul and Sudesh. They also came on spot and then Sudesh was also physically assaulted by respondent No.2 and co-accused persons.

On a complaint made by the complainant, vide Crime No.701 of 2016 the offence under Sections 294, 323, 506 r/w 34 of IPC got registered against the accused persons. After conducting the trial, the trial Court taking note of the statement of witnesses mainly Suresh (PW-1), Rahul (PW-4) and Sudesh (PW-5) has found that no injury was caused by the respondent No.2 to the complainant and other persons and as per the report of the doctor, nothing was found over their bodies but only on the basis of statement of these witnesses, convicted the respondent No.2 under Section 294 of IPC as he has abused the complainant party.

The said judgment of the trial Court was assailed in appeal and the Appellate Court has observed that as per the statement of doctor and MLC report, though in the FIR, allegation of physical assault was made by the complainant but no injury was found over his body. It was also observed by the Appellate Court that the judgment of the trial Court was based upon the statement of Suresh (PW-1), Rahul (PW-4) and Sudesh (PW-5) that when accused came on spot, he started abusing the complainant but even as per the contents of FIR, Rahul (PW-4) and Sudesh (PW-5) came on spot lateron when they have been informed by the complainant Suresh and as such, they were not the witnesses of abusement of the complainant. It is also observed by the Appellate Court that indisputably, there was some civil dispute between the parties and as such false complaint was made against the accused persons. Considering the overall circumstances, the Appellate Court has found that a false case got registered against the accused persons by the complainant party and the trial Court without appreciating the fact and considering the actual narration of witnesses i.e. Rahul (PW-4) and Sudesh (PW-5), convicted the respondent No.2 under Section 294 of IPC.

In my opinion, the finding given by the Appellate Court is reasoned one and was in consonance with the material available on record. The judgment of the trial Court has rightly been set aside by the Appellate Court. I don't find that there is any arguable and substantial point involved in this appeal. The judgment passed by the Appellate Court does not suffer from material illegality and infirmity. It is based upon proper appreciation of evidence and as such, no interference is called for.

The appeal is accordingly dismissed.