Tej Singh and Others vs State of Madhya Pradesh

T.K. Kaushal, J.—Present appeal has been directed against the judgment dated 17.11.2012 passed by Second Additional Sessions Judge, Bhopal in S.T. No. 107/2012, convicting the appellants under Sections 452, 325/34 and 323/34 of the Indian Penal Code, sentencing them to rigorous imprisonment for two years with fine of Rs. 500/-, rigorous imprisonment for three years with fine of Rs. 1000/- and simple imprisonment for two months with fine of Rs. 500/- on each count respectively. On the basis of compromise petition, appellants have been acquitted of the charge u/s 325/34 of the Indian Penal Code.

Now appellants'' conviction remains for offence under Sections 452 and 323/34 of the Indian Penal Code.

According to prosecution, on 7.11.2011 at about 2.30 P.M. appellants entered in the house of Bhoora Singh (PW1) having armed with farsa, axe and danda. Dinesh dealt axe blow on his head and Tej Singh dealt farsa blow. While his mother Suraj Bai (PW6) and Bhabhi Meena (PW2) came to intervene they have also been assaulted. Injured persons had been referred for medical examination and after completion of the investigation charge sheet was preferred for the offence under Sections 450, 326, 324 and 436 of the Indian Penal Code. Appellants abjured their guilt and pleaded false implication.

Prosecution produced witnesses Bhoora @ Jwala (PW1), Meena (PW2), Vinod Kumar (PW3), Umesh Singh (PW4), Dhan Singh (PW5), Suraj Bai (PW6), Dhanveer (PW7), Dr. Arun Ojha (PW8), Preetam Singh Head Constable (PW9) and Dr. Archana Shukla (PW10) to substantiate its case. In defence, appellants produced Fareed Uddeen (DW1) in respect of the plea of alibi of the appellants and Bhairav Singh (DW2) to set up the self defence. After appreciating the aforesaid evidence, trial Court acquitted the appellants of the charges under Sections 326, 324, 436 and 506 of the Indian Penal Code and convicted and sentenced them as mentioned above.

In the evidence of Bhoora (PW1) Meena (PW2) and Suraj Bai (PW6), it has come on record that appellants entered in their house and caused injuries. Allegations of encroachment for commission of the offence is established beyond doubt. There appears no error in so far as the conviction of appellants under Sections 452 and 323 of the Indian Penal Code is concerned.

In view of the compromise, now there appears no substance to award the jail sentence to the present appellants. Present compromise petition can very well be used for awarding lenient sentence to the present appellants. In present case main injured has compounded the offence today and that has been acted upon as well.

Considering the aforesaid, jail sentence awarded to the appellants is set aside. For the offence u/s 452 of the Indian Penal Code, fine amount of Rs. 3000/- seems to be just, proper and sufficient. For offence u/s 323 of the Indian Penal Code, fine amount of Rs. 1000/- also seems to be just, proper and sufficient. Jail sentence is set aside. Fine amount is enhanced as above. In default of payment of fine, appellants shall undergo simple imprisonment for two months.

In view of the aforesaid compromise, a lenient view has been adopted on the point of sentence. Appellants are directed to remain present in the trial Court to deposit balance fine amount on or before 17th June, 2014. Appeal is allowed in part on the point of sentence and is disposed of as indicated above.