Kailash vs The State Of Madhya Pradesh
2022 Latest Caselaw 16236 MP

                                                          1
                            IN    THE      HIGH COURT OF MADHYA PRADESH
                                                 AT INDORE
                                                    BEFORE
                                 HON'BLE SHRI JUSTICE RAJENDRA KUMAR (VERMA)
                                             ON THE 7 th OF DECEMBER, 2022
                                          CRIMINAL REVISION No. 1364 of 2022

                           BETWEEN:-
                           KAILASH S/O PARVAT SINGH, AGED ABOUT 30 YEARS,
                           OCCUPATION: DRIVER, R/O 464, JAWAHAR TEKRI
                           SINHASA P.S. CHANDAN NAGAR, INDORE (MADHYA
                           PRADESH)

                                                                                    .....PETITIONER
                           (SHRI SURENDRA KUMAR GUPTA, LEARNED COUNSEL FOR THE
                           PETITIONER [P-1].

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH POLICE
                           STATION KISHANGANJ, DISTRICT INDORE(MADHYA
                           PRADESH)

                                                                                   .....RESPONDENT
                           ( SHRI SUDHANSHU VYAS, LEARNED PANEL LAWYER FOR THE
                           RESPONDENT/STATE)

                                 This revision coming on for admission/orders this day, Hon'ble Shri
                           Justice Rajendra Kumar (Veerma) passed the following:
                                                           ORDER

With consent of the parties, heard finally. This criminal revision under Section 397/401 of Cr.P.C.has been filed by the petitioner being aggrieved by the judgment dated 23/03/2022, passed by the learned Vth Additional Sessions Judge, District Indore(M.P.) in Cri.A. No.22/2021 dismissing the appeal against the judgment dated Signature Not Verified Signed by: PREETHA NAIR Signing time: 07-12-2022 18:21:54

07/07/2021, passed by the learned Judicial Magistrate First Class, Indore, in Criminal Case No.3226/2016, whereby the petitioner has been convicted for offence under Sections 338, 304-A of IPC and sentenced to 6 months and 2 years RI with fine of Rs.500/- and Rs.1,000/- respectively with default stipulation.

The petitioner has preferred this criminal revision on several grounds, but during the course of arguments, learned counsel for the petitioner did not press this revision on merit

and not assails the finding part of judgment. He confines his argument on the point of sentence only and submits that since the petitioner has already undergone around 8 months of jail incarceration, his sentence be reduced to the period already undergone. It is further submitted that the petitioner deserve some leniency as the petitioner already suffered the ordeal of the trial since 2016 i.e.for a period of 7 months. It is further submitted that this petition be partly allowed and the sentence awarded to the petitioner be reduced to the period already undergone by enhancing the fine amount.

Learned counsel for the State on the other hand supports the impugned judgment and prays for dismissal of this revision.

Having considered the rival submissions and on perusal of Signature Not Verified Signed by: PREETHA NAIR Signing time: 07-12-2022 18:21:54

the record, the submission of the learned counsel for the petitioner appears to be just and proper. Hence, finding force in the contention raised by the learned counsel for the petitioner, and the fact that the petitioner suffered the ordeal of criminal case since 2016, this Court finds it expedient to partly allow this revision petition by affirming the conviction of the petitioner, however, reducing the sentence to the period already undergone by increasing the fine amount.

Accordingly, this revision petition is partly allowed and the sentence awarded to the petitioner is hereby reduced to the sentence already undergone b y increasing the fine amount to Rs.25,000/-, which shall be paid within a period of two months from today, out of which Rs.5,000/- be paid to complainant/injured Vishnu and Rs.15,000/- be paid to the family members of the deceased - Lokendra.

Since the petitioner is in jail. The order dated 23/03/2022 wherein charges have been framed against the petitioner by the trial Court is hereby set-aside. He be set at liberty, forthwith, if

not required in any other case.

It is made clear that if the petitioner fails to comply with the conditions as stipulated by this Court, as aforesaid, then the order of the appellate Court shall be revived and petitioner shall suffer the jail sentence as already imposed by the appellate Signature Not Verified Signed by: PREETHA NAIR Signing time: 07-12-2022 18:21:54

Court.

A copy of this order be send to the concerned trial Court for necessary compliance.

C.C.as per rules.

(RAJENDRA KUMAR (VERMA)) JUDGE

pn

Signature Not Verified Signed by: PREETHA NAIR Signing time: 07-12-2022 18:21:54