Full Judgment
Cr.A. No.780/2001 Page No.1 HIGH COURT OF MADHYA PRADESH AT JABALPUR SINGLE BENCH: HON’BLE SHRI JUSTICE SUBHASH KAKADE CRIMINAL APPEAL NO.780 OF 200.APPELLANTS:
1. Jamil S/o Mohd. Hussain Aged about 35 years, R/o Dashmesh Nagar, Bhopal (MP) 2. Salim S/o Mohd. Hussain Aged about 45 years, R/o Dashmesh Nagar, Bhopal (MP) 3. Haseeb S/o Mohd. Hussain Aged about 35 years, R/o Dashmesh Nagar, Bhopal (MP) Versus RESPONDENT : State of Madhya Pradesh Through : Arakshi Kendra Eshbag, Bhopal (MP) ------------------------------------------------------------------------------- For the Appellants : Shri Amit Verma, learned Counsel For the Respondent /State: Shri Amit Pandey, learned Panel Lawyer ------------------------------------------------------------------------------- Date of hearing :
12. 04.2013 Date of judgment :
21. 06.2013 (
JUDGMENT
) Appellant Haseeb has assailed the judgment dated 20.04.2001 of learned Special Judge (Atrocities) Bhopal in Sessions Case No.12/2000, whereby convicted him under Section 325 of the Indian Penal Code and sentenced to rigorous imprisonment for 3 months and fine of Rs.1000 / - , in default of payment of fine, the defaulter to further suffer rigorous imprisonment for 1 month. Appellants Haseeb, Jamil and Salim Cr.A. No.780/2001 Page No.2 have assailed the impugned judgment, whereby they have convicted under Section 323 of Indian Penal Code and sentenced for fine of Rs.300 / - , in default of payment of fine, the defaulters to suffer rigorous imprisonment for 1 month.
2. Complainant Mangal, member of scheduled caste, lodged First Information Report Ex.P/1 at Police Station Aishbag, Bhopal on 01.02.2000 at 23:00 hours regarding the following facts:- That on 01.02.2000 at 9:00 p.m. he was abusing his children at that time Salim, who resides in front of his house, came and asked to whom he is abusing. Salim was accompanied his brother Haseeb and one other unknown person. They all came having sticks and started beating Mangal and inflicted injuries on the head of Mangal. Haseeb stabbed by knife but, he saved himself during which fingure of his left hand was injured. His wife Shantabai and son Raju came for rescue. The unknown person given blow by stick to Shantabai on her head, blood oozing out. Raju also got injuries on his left hand. Amar Singh and other persons were witnessed the occurrence.
3. After registration of the offence the Investigation Officer Shri S.K. Sharma (PW-7), City Superintendent of Police, Jahangirabad Bhopal recorded statements of complainants and other witnesses and sent injured Mangal, Shantabai and Raju for medical examination. After arresting appellants, on their instance seized incriminating articles used during the incident. After completion of investigation charge-sheet was filed. Cr.A. No.780/2001 Page No.3 4. The appellants were charged for offences punishable under Sections 294, 325 and 323 of Indian Penal Code and Section 3(I) (X) of Scheduled Caste and Scheduled Tribe (Prevention and Atrocities) Act, 1989.
5. During trial appellants abjured their guilt and pleaded innocence.
6. In order to bring home the charges against appellants the prosecution examined 8 witnesses and placed 8 documents on record.
7. The learned trial Court acquitted the appellants from the charges of Section 294 of Indian Penal Code and Section 3(I)(X) of Scheduled Caste and Scheduled Tribe (Prevention and Atrocities) Act, 1989 and also acquitted the appellants Jamil and Salim from the charges under Section 325 of the Indian Penal Code. No State appeal has been filed against the judgment of acquittals as mentioned here.
8. But, the learned Special Judge after appreciating the evidence on record held the appellants guilty, convicted and sentenced them as mentioned above in Para 01, hence this appeal.
9. Heard learned counsels for the parties at length, perused the impugned judgment and evidence on record carefully.
10. This fact is proved by prosecution evidence that Shantabai (PW-2) got injuries on her person, out of which one injury was grievous in nature. Shantabai (PW-2) categorically stated that after the incident with husband and son she went to the police station for lodging the report, from there police sent them for Cr.A. No.780/2001 Page No.4 medical treatment at Hamidia Hospital Bhopal. This statement is fully supported by injured Mangal (PW-1), Raju (PW-3) and independent witness Amar Singh (PW-5).
11. On 02.02.2000 Dr. Naveen Bhatia (PW-7) at Hamidia Hospital Bhopal examined Shantabai and vide his MLC report Ex.P/5 he found 3 injuries on her person. Dr. Naveen Bhatia (PW-7) found injuries No.1 and 2 of simple in nature but, to ascertain the nature of injury No.3 he referred Shantabai to Orthopedic Department. Under the guidance of Dr. Jyoti Bariyani (PW-4) at Radiology Department X-ray were taken of right wrist of Shantabai and as per X-ray report Ex.P/4 found fracture in ulna bone.
12. Dr. Naveen Bhatia (PW-7) also medically examined Raju and his father Mangal and found injuries on their persons. Dr. Naveen Bhatia (PW-7) vide his MLC report Ex.P/6 and P/7 recommended for X-ray examination of these two injured persons. It is pertinent to mention here that after in X-ray reports none of the injuries of Raju (PW-3) as well as Mangal (PW-1) were found grievous in nature.
13. not it has to be seen whether appellants Jamil, Salim and Haseeb were caused simple injuries to Mangal (PW-1) and Raju (PW-3)?. And whether appellant Haseeb caused grievous injury to Shantabai (PW-2)?.
14. Mangal (PW-1) stated that on the date of incident at 9:30 p.m. he was at his residence when his pet dog went to the house of appellant Salim. Annoyed appellant Salim came to his house, after abusing him warned him also but, he did not spell a word Cr.A. No.780/2001 Page No.5 except asking that why he is abusing him. After some time appellant Salim accompanied with other appellants Haseeb and Jalim came with sticks and started beating him out of which he got injury on head. He also stated that the appellants given a blow by stick to his wife Shantabai and his son Raju, who came for his rescue.
15. Shantabai (PW-2) specifically stated that after abusing appellant Haseeb given a blow of stick on her hand due to which her hand fractured, with addition to that appellants beat his husband and son also. As per statement of Raju (PW-3) the appellants beaten him by stick, therefore he got injuries in his hand. He also stated that the appellants beaten his mother, father also.
16. Mangal (PW-1), Shantabai (PW-2) and Raju (PW-3) stated that incident was witnessed by neighbours. Eye witnesses Amar Singh (PW-5) and Anand (PW-6) fully supported the above statements of Mangal, Shantabai and Raju. During the cross examination Mangal (PW-1) clarified this fact that houses of witnesses Amar Singh (PW-5) and Anand (PW-6) were 100 meters away from his residence.
17. Mangal (PW-1), Shantabai (PW-2) and Raju (PW-3) and other witnesses were under scanning during the cross examination but, nothing come out adverse to the statement of these witnesses. Evidence of injured Mangal (PW-1), Shantabai (PW-2) and Raju (PW-3) fully supported by each other regarding occurrence which is also supported by independent eye witnesses Amar Singh (PW-5) and Anand (PW-6) and evidence of these Cr.A. No.780/2001 Page No.6 witnesses is cogent, consistent and seems to trustworthy. Evidence of these witnesses remained unshaken in cross examination and nothing appeared to discredit their testimony. Evidence of Mangal (PW-1), Shantabai (PW-2) and Raju (PW-3) is also supported by medical evidence given by Dr. Naveen Bhatia (PW-7) and Dr. Jyoti Bariyani (PW-4). Therefore, the appreciation of evidence done by the learned Special Judge is sound, correct and proper. Minot contradictions, omissions can not be basis of acquittal when case is proved by direct evidence.
18. For the aforesaid reasons, the conviction and sentence of appellant Jalim, Salim and Haseeb for the offence under Section 323 of the Indian Penal Code by the judgment and order of the learned Special Judge (Atrocities) Bhopal dated 20.04.2001 is maintained. Accused appellants Jalim, Salim and Haseeb are on bail. The bail bonds of appellants Jamil and Salim shall stand cancelled as they have deposited the fine amount, which is imposed upon them. Appellant Haseeb also deposited fine amount with regard to Section 323 of the Indian Penal Code.
19. The conviction of accused appellant Haseeb for the offence under Section 325 of the Indian Penal Code and his sentenced for 3 months rigorous imprisonment together with a fine of Rs.1000 / - , in default of payment of fine he further undergo 3 months rigorous imprisonment is also maintained. The bail bonds of appellant Haseeb shall stand cancelled only after he surrender before the learned trial Court on or before 30 th July 2013. After his surrender the learned trial Court shall send him to jail for serving out the sentence. In case appellant Haseeb fails Cr.A. No.780/2001 Page No.7 to appear on or before 30 th July 2013, the learned trial Court shall issue perpetual arrest warrant against him and shall also notice to his surety and may pass necessary order against surety. In case appellant Haseeb surrender on or before 30 th July 2013, his bail bonds shall stand cancelled. The learned Special Judge (Atrocity) Bhopal shall also intimate the Registry of this Court after sending appellant Haseeb to jail.
20. The Principal Registrar (Judicial) of this Court shall send the record of the learned trial Court for haste so as to reach that Court much prior to 30 th July 2013. The Registry shall also send the original bail bond papers, if available, of the appellant Haseeb to the learned Special Judge (Atrocity) Bhopal, to take proper action in case appellant fails to surrender and photo copy of the bail bond papers shall be retained in this file.
21. In the result, the appeal filed by the appellants has no merit and is, accordingly, dismissed. (SUBHASH KAKADE) JUDGE AK/-