Ajab Singh vs The State Of M.P.
2022 Latest Caselaw 16583 MP

       IN THE HIGH COURT OF MADHYA PRADESH
                             AT JABALPUR
                               BEFORE
       HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
                  CRIMINAL REVISION No.915/2005
BETWEEN:-

AJAB SINGH, S/O HAKAM SINGH GUJAR,
AGED ABOUT 36 YEARS, R/O VILLAGE
DHINGSARA, P.S. SAIKHEDA, DISTRICT
NARSINGHPUR (MADHYA PRADESH)
                                                      ......APPLICANT
(BY SHRI RAJESH MISHRA - ADVOCATE)


AND

STATE OF M.P. THROUGH P.S. SAIKHEDA,
DISTRICT NARSINGHPUR

                                                       ...RESPONDENT
(BY SHRI AKSHAY NAMDEO - GOVERNMENT ADVOCATE)
............................................................................................................................................................................
Reserved on : 06.12.2022
Pronounced on : 14.12.2022
............................................................................................................................................................................


      This revision petition having been heard and reserved for orders,
coming on for pronouncement this day, the Court pronounced the
following:
                               ORDER

This revision under Section 397/401 of Cr.P.C has been filed challenging the judgment of conviction and order of sentence dated 28.03.2005, passed in S.T.No.68/2001 (State of M.P. Vs. Jainu @ Jainendra and Others), whereby learned Sessions Judge convicted the applicant for commission of offence under Section 323 of IPC and sentenced him for 1 month R.I.

2. As per prosecution story on 17.10.2000, Ajab Singh Gujar, R/o Village Dhingsara appeared at P.S. Saikheda and lodged an FIR stating that he is a farmer. On 17.10.2000, at around 10:00 P.M. he riding on a motorcycle with Malik Singh Gujar was going towards Shalin Chowka for treatment of his ear. In the middle of Dhingsara, in front of Nalla, Ajab Singh, Raju and Jainu of his village armed with lathis intercepted his motorcycle. Ajab Singh abused him and asked co-accused to beat him. Jainu, Ajab and Raju beat him by means of lathis causing number of injuries on his person. Incident was witnessed by Malik Singh Gujar. He was brought to his home by Komal Badde and others. He narrated the entire incident to Komal Gujar and Badde Gujar. An FIR was registered. After investigation, charge sheet was filed.

3. Learned trial Court framed charges against the accused persons for commission of offence under Section 307 in alternate 307/34 of IPC. Accused persons abjured there guilt and claimed to be tried.

4. In order to prove its case, prosecution examined 9 witnesses while accused examined Lakhan Choubey DW1 in defence.

5. After recording the evidence of the witnesses and hearing the parties, learned trial Court acquitted the applicant/accused for commission of offence under Section 307/34 of IPC but convicted applicant under Section 323 of IPC and sentenced to 1(one) month R.I.

6. Being aggrieved and dissatisfied with the quantum of sentence of 1(one) month R.I. applicant has filed this revision application challenging the order of sentence only.

7. Learned counsel for the applicant has submitted that applicant Ajab Singh has already undergone 21 days in jail. Learned trial Court ought to have sentenced him with a period of 21 days already undergone by him in jail. No purpose would be served by sending him to jail for 9 days after 17 years of the judgment and 22 years of the incident. Therefore, he has prayed that sentence of 1(one) month R.I. be reduced to the period of 21 days jail sentence already undergone by the applicant.

8. Learned Government Advocate for the State has submitted that State has no objection if his sentence is reduced to the period of 21 days already undergone by him.

9. I have heard learned counsel for the parties and perused the record.

10. In this case, the incident took place long back on 17.10.2000 i.e. almost 22 years ago. It is undisputed that learned trial Court has awarded only 1 (one) month sentence for commission of offence under Section 323 of IPC. Applicant Ajab Singh has already suffered 21 days in jail. He has faced rigor of trial since 2000. He has no previous criminal background. He is first time offender. Therefore, I am of the view that it would be in the interest of justice if period of sentence is reduced to the period of 21 days already undergone by the applicant - Ajab Singh. Hence, the revision is allowed. The order of sentence passed by the learned trial Court is modified to the period of sentence one month RI is reduced to the period of 21 days already undergone by the applicant-Ajab Singh.

11. Registry is directed to prepare super session warrant after complying with all the legal formalities. Applicant Ajab Singh is on bail, his bail bond shall stand discharged.

12. A copy of the order be sent down along with trial Court record to the Court concerned, through Sessions Judge, Narsinghpur for information.

13. Criminal Revision is disposed of accordingly.

(DINESH KUMAR PALIWAL) JUDGE Jasleen

Digitally signed by JASLEEN SINGH SALUJA Date: 2022.12.15 12:32:39 +05'30'