Bhole Yadav vs The State Of Madhya Pradesh
2021 Latest Caselaw 8448 MP

                                                                    1                              CRR-3022-2021
                                         The High Court Of Madhya Pradesh
                                                  CRR No. 3022 of 2021
                                                    (BHOLE YADAV Vs THE STATE OF MADHYA PRADESH)


                                 Jabalpur, Dated : 08-12-2021
                                       Shri Madan Singh, learned counsel for the applicant.

                                       Shri Pradeep Dwivedi, learned PL for the respondent/State.

This revision has been filed against the judgment dated 15.11.2021 passed by Second Additional Session Judge Khurai, District- Sagar, (M.P.) in Criminal Appeal No.69//2017 whereby learned Second ASJ affirmed the

judgement of conviction dated 21.04.2016 passed by learned Judicial Magistrate First Class, Khurai, District-Sagar in Criminal Case No.437/2009 whereby learned JMFC found applicant guilty for the offence punishable under Section 294, 332 of IPC and sentenced him to undergo R.I. for three months with fine of Rs.500/- and R.I. for one year with fine of Rs.3,000/- respectively with default stipulation.

A s per the prosecution case, on 10.03.2009 at around 12:00 AM complainant Raj Kumar who was posted as constable at P.S. Bandari District Sagar was going from Jalsa Majjid to Bada Tigadda along with constables

Kamlesh and Shailendra, at around 12:00 Noon when they reached Jalsa bus stand, applicant who was the driver of the bus bearing registration no.GJ-5- JD-6888 stopped the bus on the road. On that complainant Raj Kumar told the applicant to park the bus on the road side. On that applicant abused and assaulted complainant, due to which he sustained injuries. On the report of Raj Kumar police registered Crime No.50/2009 for the offence punishable under Sections 294, 353, 324, 323, 506 of the IPC against the applicant and investigated the matter. During investigation police got medically examined Rajkumar and also recorded the statement of eyewitnesses Kamlesh (PW-1), Bhupat @ Bhupendra (PW-2), Shailendra (PW-3), Rajkumar (PW-4), Ganesh Dubey (PW-5), Ramesh (PW-6), A. K. Mishra (PW-7) and Dr. I.K. Rohate (PW-8). and arrested the applicant and filed charge-sheet before the trial Court. On that Criminal Case No.437/09 has been registered. Learned trial Signature Not Verified SAN

Digitally signed by MANOJ NAIR Date: 2021.12.08 18:07:02 IST 2 CRR-3022-2021 Court framed charge against the applicant for the offence punishable under Sections 294, 332, 506-B of the IPC and tried the case. Applicant abjured his guilt and took the defence that he is innocent and falsely been implicated in the offence. However, after the trial learned JMFC acquitted the applicant from the charge punishable under Section 506-B of the IPC, found the

applicant guilty for the offence punishable under Sections 294 and 332 of the IPC and sentenced him as aforesaid. Being aggrieved from the judgment, applicant filed Criminal Appeal No.69/2017, which was dismissed. Being aggrieved from that judgment, applicant filed this criminal revision.

Although, apart from the quantum of sentence, the applicant in this revision also challenged the legality of the conviction, but during the course of the arguments learned counsel for the applicant submitted that he does not want to press the revision on the finding of conviction.

Otherwise also from the evidence produced by the prosecution, finding the conviction of trial Court as well as appellate Court under Sections 294 and 332 of IPC appears to be correct. So finding the conviction of trial Court is confirmed.

On the point of sentence, learned counsel for the applicant submitted that applicant/accused is first offender. It is submitted that the applicant was on bail during trial and he never misused the liberty granted to him. The applicant has been in custody since 15/11/2021. Further, the applicant has no criminal past, nor was he involved in any unlawful activities subsequent to this incident. So he be released on sentence already undergone.

Certainly, the pre and past incidents, conduct of the appellant, cannot be lost sight of and can be taken as mitigating circumstances. So looking to the facts and circumstances of the case and the fact that the applicant is facing trial since 2009. Applicant has no criminal past and he is in jail since 15/11/2021, the substantive jail sentence of imprisonment for the offences punishable under Sections 294 & 332 of the IPC is reduced to 20 days R.I.

Signature Not Verified for each of the offences respectively in place of three months R.I. and one SAN

Digitally signed by MANOJ NAIR Date: 2021.12.08 18:07:02 IST 3 CRR-3022-2021 year R.I. imposed by the trial Court both the sentence shall run concurrently and the fine amount for the offence punishable under Section 332 of IPC is enhanced from Rs.3000/- to Rs.7000/- . The enhanced fine amount i.e. Rs.4000/- shall be paid by the applicant within one month. In default of payment of enhanced fine amount, the applicant shall suffer three months R.I. The period already undergone shall be set off from the period of substantive jail sentence.

The impugned judgment of the trial Court as well as the appellate Court are modified accordingly.

Hence, this revision petition is partly allowed in the terms indicated above.

A copy of this order be sent to the Court of JMFC, Khurai, District Sagar for information and necessary compliance.

Certified copy as per rules.

(RAJEEV KUMAR DUBEY) JUDGE

mn

Signature Not Verified SAN

Digitally signed by MANOJ NAIR Date: 2021.12.08 18:07:02 IST