Samsu vs The State Of Madhya Pradesh
2022 Latest Caselaw 16663 MP

                                                              1
                            IN    THE       HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                    BEFORE
                                 HON'BLE SHRI JUSTICE RAJENDRA KUMAR (VERMA)
                                              ON THE 15 th OF DECEMBER, 2022
                                           CRIMINAL REVISION No. 4171 of 2022

                           BETWEEN:-
                           1.    SAMSU S/O GAJHING, AGED ABOUT 32 YEARS,
                                 OCCUPATION: AGRICULTURIST R/O VILLAGE
                                 DUNDAKA P.S. MEGHNAGAR DIST. JHABUA
                                 (MADHYA PRADESH)

                           2.    JAWLA S/O GAJHING, AGED ABOUT 30 YEARS,
                                 OCCUPATION: AGRICULITIRIST R/O- VILLAGE
                                 DUNDAKA, P.S. MEGHNAGAR DIST. JHABUA
                                 (MADHYA PRADESH)

                           3.    KAILASH S/O PUNIYA, AGED ABOUT 29 YEARS,
                                 OCCUPATION: AGRICULTURIST R/O- VILLAGE
                                 DUNDAKA, P.S. MEGHNAGAR DIST. JHABUA
                                 (MADHYA PRADESH)

                                                                                      .....PETITIONERS
                           (SHRI ASHISH GUPTA, LEARNED COUNSEL FOR THE PETITIONER)

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH POLICE
                           STATION MEGHNAGAR DISTRICT JHABUA (MADHYA
                           PRADESH)

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

                                 T h is revision coming on for orders this day, t h e cou rt passed the
                           following:
                                                               ORDER

With consent of the parties heard finally.

This second criminal revision under Section 397/401 of Cr.P.C.has been filed by the petitioners being aggrieved by the judgment dated 15.07.2021 Signature Not Verified Signed by: REENA JOSEPH Signing time: 15-12-2022 17:57:57

passed by the learned Special Sessions Judge, Jhabua, district Jhabua in Cr.A.No.143/2016 modifying the conviction of the petitioners against the judgment dated 30.08.2016 passed by the learned Chief Judicial Magistrate, Thandla in criminal case no.827/2014 whereby the petitioners have been convicted for offence under Sections 325/34, 323/34 of IPC and sentenced to six months R.I.each with fine of Rs.500/- each, Rs.500/-each with default stipulations.

Their first revision has been dismissed as withdrawn with liberty to renew the prayer after the petitioners surrender before the trial Court vide order dated 04.07.2022 in Cr.R.No.2041/2021.

The petitioners have preferred this criminal revision on several grounds but during the course of arguments, learned counsel for the petitioners 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 prays that since the petitioners have already undergone two months and 13 days in jail incarceration, their sentence be reduced to the period already undergone. It is further submitted that the petitioners deserve some leniency as the petitioners already suffered the ordeal of the trial since 2014 i.e.for a period of 8 years. It is further submitted that this petition be partly allowed and the sentence awarded to the petitioners 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 the record, the submission of the learned counsel for the petitioners appears to be just and

Signature Not Verified Signed by: REENA JOSEPH Signing time: 15-12-2022 17:57:57

proper. Hence, finding force in the contention raised by the learned counsel for the petitioners, and the fact that the petitioners suffered the ordeal of criminal case since 2014, this Court finds it expedient to partly allow this revision petition by affirming the conviction of the petitioners, 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 petitioners is hereby reduced to the sentence already undergone by increasing the fine amount to Rs.5,000/- each under Section 325/34 IPC and Rs.1,000/- each under Section 323/34 of IPC to be paid within a period of two months from today, out of which Rs.10,000/- be paid to injured-Kalu and Rs.2,000/- to injured-Pasiya. Since the petitioners are in custody, they be released forthwith, if not required in any other case. The Court below is directed that if any amount is paid, the same may be adjusted. It is made clear that if the petitioners fail to comply with the conditions as stipulated by this Court, as aforesaid, then the order of the appellate Court shall be revived and petitioners shall suffer the jail sentence as already imposed by the appellate 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 RJ

Signature Not Verified Signed by: REENA JOSEPH Signing time: 15-12-2022 17:57:57