Kallu @ Pawan vs The State Of M.P.
2021 Latest Caselaw 7185 MP

                                                                      1                              CRR-1996-2021
                                          The High Court Of Madhya Pradesh
                                                   CRR No. 1996 of 2021
                                                          (KALLU @ PAWAN Vs THE STATE OF M.P.)


                                  Jabalpur, Dated : 09-11-2021
                                         Shri Yogesh Kumar Chourasiya, learned counsel for the applicant.

                                         Shri S.D. Mishra, learned PL for the respondent/State.

With the consent of parties, the matter is heard finally. This revision has been filed against the judgment dated 14/08/2021 passed by II Additional Session Judge Bijawar, District Chhatarpur (M.P.) in

Cri. Appeal No.11/2019 whereby learned ASJ affirmed the judgement of conviction dated 20/03/2019 passed by learned JMFC, Bakswaha, District Chhatarpur in Criminal Case No.600/2015 whereby learned JMFC found applicant guilty for the offence punishable under Section 325 of IPC and sentenced him to undergo R.I. for one year with fine of Rs.500/- with default stipulation.

As per the prosecution case, on 25/10/2015 at around 07:00 P.M. when injured Bhura Ahirwar was at his filed located at village Bakshwaha, applicant came there to attend the call of nature. When injured Bhura objected,

applicant pushed him, due to which he fell down and also assaulted him with stone, due to which he sustained injury in his left thigh and his femur bone also got fractured. On the report Police registered Crime No.256/2015 at Police Station Bakshwaha, District Chhatarpur against the applicant and investigated the matter. After investigation police filed charge-sheet against the applicant. On that Criminal Case No.600/2015 has been registered. Learned trial Court framed-charge against the applicant for the offence punishable under Sections 325 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. After the trial learned JMFC found the applicant guilty for the offence punishable under Section 325 of the IPC and sentenced him as aforesaid. Being aggrieved from the judgment, applicant filed Criminal Appeal Signature Not Verified SAN No.11/2019, which was dismissed. Being aggrieved from that judgment, Digitally signed by ANURAG SONI Date: 2021.11.09 17:25:04 IST 2 CRR-1996-2021 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 did 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 Section 325 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 14/08/2021. 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 in jail since 14/08/2021, the substantive jail sentence of imprisonment is reduced to three months R.I. in place of one year R.I. and fine amount shall remain same. 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, Bakshwaha, Chhatarpur for information and necessary compliance.

Certified copy as per rules.

Signature Not Verified
  SAN




Digitally signed by ANURAG SONI
Date: 2021.11.09 17:25:04 IST
                                        3               CRR-1996-2021
                                           (RAJEEV KUMAR DUBEY)
                                                   JUDGE
                                  as




Signature Not Verified
  SAN




Digitally signed by ANURAG SONI
Date: 2021.11.09 17:25:04 IST