Uday Kori vs The State Of Madhya Pradesh
2021 Latest Caselaw 4670 MP

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              HIGH COURT OF MADHYA PRADESH,
                       BENCH AT GWALIOR
                           CRR-1919-2021
                     (Uday Kori Vs. State of M.P.)


Gwalior, Dated : 25/08/2021

      Shri Prem Singh Bhadauriya, learned counsel for the petitioner.

      Shri P.P.S. Bajeeta, learned Government Advocate for the

respondent/State.

Heard finally with the consent of both the parties.

The petitioner has preferred this Criminal Revision under Section

397/401 of Cr.P.C. against the order dated 12/08/2021 passed by 6 th

Additional Sessions Judge, District- Bhind (M.P.) in Criminal Appeal

No.60/2018, whereby judgment of conviction dated 05/06/2018 passed

by Judicial Magistrate First Class, Bhind (M.P.) in Case No.2275/2015

was partly modified in respect of sentence and the petitioner was

convicted under Section 325 of IPC and sentenced to suffer three

months RI with fine of Rs.500/- and Section 323/34 of IPC and

sentenced to pay fine of Rs.500/-. Being aggrieved with the aforesaid

judgments, the petitioner has preferred the present revision.

The facts of the case, in short, are that on 09/12/2015 at about

8:00 AM, the complainant had gone to his agricultural field at that time,

the petitioner alongwith co-accused came there and asked him to enter

into the compromise in the earlier case. When the complainant refused

to do so, they started hurling filthily abuses, co-accused Bihari slapped

the complainant and the present petitioner assaulted the complainant by

means of stick, due to which, complainant received minor injuries on

HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR CRR-1919-2021 (Uday Kori Vs. State of M.P.)

the left elbow. On crying, some persons came to save them and

petitioner and co-accused ran away from the spot. Accordingly, FIR was

registered.

The petitioner abjured his guilt and he took the plea that he has

been falsely implicated in the case. Trial Court convicted the petitioner

for the offence under Section 325 of IPC and sentenced to suffer six

months RI with fine of Rs.500/- and Section 323/34 of IPC and

sentenced to pay fine of Rs.500/-. Being aggrieved, the petitioner filed

an appeal before the Appellate Court which was allowed to the extent of

reduction of sentence of petitioner under Section 325 of IPC from six

months to three months and present revision has been preferred by the

petitioner challenging both the judgments of conviction and sentences

of the Courts below.

Eight witnesses were examined by the prosecution in which PW-

1- Bacchulal categorically stated that he was in Bhind and he received

message through phone call and therefore, it was not possible for him

to remain present on the spot. Admittedly, injured was alone at the place

of incident and two persons assaulted him and injured got only one

injury which creates doubt over the prosecution story. In the medical

report also, there is no sign of injury on the face of injured. The doctor

has also opined that such injury may be received if a person falls down

and since injured was also weak therefore, and there was every

HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR CRR-1919-2021 (Uday Kori Vs. State of M.P.)

possibility of him being fell down and receive injury. The trial Court did

not appreciated the evidence properly.

Learned counsel for the State opposed the submission and

submitted that conviction is based on the evidence available on record,

therefore, no interference is called for and this revision deserves to be

dismissed.

So far as the sentence is concerned, it appears that the petitioner

remained in custody for about 15 days during the pendency of this

revision. He was the first offender and quarrel took place all of a

sudden, it was not a pre-planned attempt of the petitioner. He is aged 53

years of age and he is a poor labourer, therefore, the Court below should

be liberal at the time of imposing the jail sentence upon him. Looking to

the custody period of the petitioner, it would be appropriate that his jail

sentence may be reduced to the period already undergone by him by

enhancing the fine amount imposed by the courts below.

On the basis of aforesaid discussion, the present revision is

hereby disposed of confirming the conviction of petitioner under

Section 325 and 323/34 of IPC reducing the jail sentence of the

petitioner to the period already undergone by him.

However, fine amount for the offence under Section 325 of IPC is

enhanced to a sum of Rs.1500/- whereas the sentence of fine imposed

offence under Section 323/34 of IPC shall remain as it is. If the

HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR CRR-1919-2021 (Uday Kori Vs. State of M.P.)

petitioner has already deposited fine amount then it shall be adjusted

while depositing the fine amount before trial court. In default of

payment of fine, he shall undergo Rigorous Imprisonment for a period

of 3 months. The petitioner is on bail and his bail bonds stand

discharged.

A copy of the order be sent to the trial Court for information and

necessary compliance.

(S.A. Dharmadhikari) Judge

rahul Digitally signed by RAHUL SINGH PARIHAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474011, st=Madhya Pradesh, 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab676d0cd e4dee473fe77953f5, cn=RAHUL SINGH PARIHAR Date: 2021.08.28 11:34:21 -07'00'