Balwan vs The State Of Madhya Pradesh
2021 Latest Caselaw 1604 MP

-1-                                  CRR No.543/2021




              HIGH COURT OF MADHYA PRADESH,
                         BENCH AT INDORE
                          CRR NO.543/2021
Balwan s/o Fateh Singh, Rang Singh s/o Rem Singh & Vijendra Singh
                    s/ Fateh Singh vs. State of M.P
27.04.2021

: (INDORE):

Shri Vishal Sharma, learned counsel for the applicants. Shri Akash Sharma, learned counsel for the State. With consent, heard finally.

Applicants have filed the present revision against the judgment dated 11.02.2021 passed by learned IInd A.S.J, Bagli district Dewas whereby the appeal preferred by the applicants has been partly allowed and the judgment dated 21.12.2015 passed by JMFC, Bagli, district Dewas has been modified by convicting the applicants under sections 324/34 & 325/34 of the IPC and sentenced to 1-1 month RI with fine of Rs.300/- and 3-3 months RI with fine of Rs.300/- respectively, hence the present revision before this Court.

Learned counsel for the applicants fairly submits that out of 3 months RI the applicants have already undergone 2 months and 14 days, therefore, he is not arguing the matter on merit but praying for reduction of the sentence from 3 months to the period already undergone.

Learned counsel appearing for the State submits that the scope of interference by the High Court in revision is very limited. Both the Courts below have concurrently recorded the finding of conviction. Learned Magistrate has awarded the sentence of 6 months but the learned ASJ has reduced it to 3 months RI which is a minimum sentence and for the remaining period of 15-16 days the High Court should not interfere in revision in exercise of the revisional powers.

As per the prosecution story the complainant Mohansingh lodged an FIR at PS Bagli on 07.05.2014 that near about 4 PM in the evening the applicants came inside the house, abused by filthy language, assaulted him and pelted stones and left the place by threatening him. He sustained injuries on his eye, wrist, back etc.

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Accordingly, the FIR was registered under sections 323, 294, 506, 336 & 34 of the IPC. The prosecution has examined the complainant who has fully supported the case of the prosecution. The prosecution has examined Dr.L.P Bhagoria (PW/6) who has corroborated PW/1 in respect of the injuries sustained by the complainant. The complainant Mohansingh has suffered fracture of radius bone of left hand vide Ex.P/3 the X-ray report. Learned counsel for the applicants gave a suggestion that these injuries could have been sustained by falling from the bullock cart. However, in defence no such evidence has been given by the applicants.

Since the complainant has suffered fracture apart from other injuries, therefore, the applicants have rightly been convicted under sections 324, 325 & 34 of the IPC and awarded very minimum sentence of 3 months. Since the applicants have already undergone maximum part of the sentence, hence for the remaining period of 15- 16 days, I am not inclined to interfere in this revision. Accordingly, the revision is dismissed.

(VIVEK RUSIA) JUDGE

Digitally signed by HARI KUMAR C G NAIR Date: 2021.04.29 15:06:36 +05'30'

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