Madhya Pradesh High Court
Smt. Mamta Bhargav vs Sonu on 12 May, 2022
Author: Deepak Kumar Agarwal
01
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
ON THE 12th OF MAY, 2022
CRIMINAL REVISION No. 1162 of 2022
Between:-
1 SONU S/O DAYAKRISHNA BHARGAVA , AGED
ABOUT 31 YEARS, VILL. SINGHARAN PS
KARAHIYA (MADHYA PRADESH)
2 PUSHPENDRA @ PAPPAN S/O SHRI NARESH
PANDEY , AGED ABOUT 31 YEARS, VILLAGE
SINGHARAN P.S. KARAHIYA DISTT. GWALIOR
(MADHYA PRADESH)
3 BHUPENDRA S/O SHRI YOGENDRA
BHARGAVA , AGED ABOUT 32 YEARS,
VILLAGE SINGHARAN P.S. KARAHIYA DISTT.
GWALIOR (MADHYA PRADESH)
.............PETITIONERS
(BY SHRI D.S.KUSHWAHA- ADVOCATE)
AND
1 THE STATE OF MADHYA PRADESH STATION
HOUSE OFFICER PS KARAHIYA GWALIOR
(MADHYA PRADESH)
2 SMT. MAMTA BHARGAV W/O SHRI
MITHLESH BHARGAV, AGED ABOUT 45
02
YEARS, OCCUPATION: AGRICULTURIST
VILLAGE SIGHARAN, TEHSIL BHITARWAR,
P.S. KARAHIYA (MADHYA PRADESH)
.........RESPONDENTS
(BY SHRI R.K.AWASTHI- PUBLIC PROSECUTOR
SHRI SANJAY SHARMA- ADVOCATE FOR
RESPONDENT NO.2)
&
CRIMINAL REVISION No. 1354 of 2022
Between:-
SMT. MAMTA BHARGAV W/O MITHLESH
BHARGAV, AGED ABOUT 45 YEARS,
OCCUPATION: AGRICULTURIST, R/O VILL.
SIGHARAN TEHSIL BHITARWAR P.S.
KARAHIYA (MADHYA PRADESH) )
.............PETITIONER
(BY SHRI SHRI SANJAY SHARMA- ADVOCATE)
AND
1 SONU S/O DAYAKRISHNA BHARGAV , AGED
ABOUT 34 YEARS, VILL. SIGHARAN P.S.
KARAHIYA DISTT. GWALIOR (MADHYA
PRADESH)
2 PUSHPENDRA @ PAPPAN S/O SHRI NARESH
03
PANDEY , AGED ABOUT 34 YEARS, VILLAGE
SIGHARAN P.S. KARAHIYA DISTT. GWALIOR
(MADHYA PRADESH)
3 BHUPENDRA S/O SHRI YOGENDRA BHARGAV ,
AGED ABOUT 35 YEARS, VILLAGE SIGHARAN
P.S. KARAHIYA DISTT. GWALIOR (MADHYA
PRADESH)
.........RESPONDENTS
(BY SHRI D.S.KUSHWAHA-ADVOCATE)
These revisions coming on for hearing this day, the
court passed the following:
ORDER
This order shall govern the disposal of both the
Criminal Revisions (Criminal Revision Nos.1162/2022 &
1354/2022).
2. Criminal Revision No.1162/2022 has been filed by the
petitioners/accused being aggrieved by judgment dated 24.3.2022
passed by the Second Additional Sessions Judge, Dabra, Distt.
Gwalior, in Criminal Appeal No.6/2019 by which appellate Court
though affirmed the judgment of conviction of petitioners under
Section 324 or 324/34 of IPC passed by the JMFC, Bhitarwar,
Distt. Gwalior, in Criminal Case No.389/2017, but reduced the jail
sentence from 1 year RI with fine of Rs.1,000/- to 3 months RI
with fine of Rs.1,000/-, while Criminal Revision No.1354/2022
has been filed by the petitioner/complainant against the same
impugned judgment for enhancement of sentence.
3. Brief facts necessary for the disposal of these
revisions are that on 15.9.2017 at 7.40 pm complainant Mamta
Bhargava lodged a report at police Station, Karahiya, Distt.
Gwalior, against the petitioners that in the evening at about 5.30
pm when she was offering Puja in Kali Mata temple, petitioners
came there and on account of old enmity started abusing her with
filthy language. When the complainant objected, petitioner Sonu
Bhargava assaulted with axe on her right hand, due to which blood
started oozing out. Thereafter he assaulted by wooden part of axe
on her ribs. Petitioners Pappan Pandey and Bhupendra Bhargava
pushed her, due to which she fell down. Her Jeth Narottam and
nephew Pawan have seen the incident. On her report, crime
No.66/2017 was registered for the offence punishable under
Sections 323, 294, 506, 34 of IPC. She was sent for medical
examination. As per MLC, one incised wound of size 4 cm x .1 cm
x skin over right forearm and one contusion of size 3 cm x 1 ½ cm
over right side of ribs were found. Thereafter petitioners were
arrested. After investigation, charge-sheet has been filed. After
trial, petitioner Sonu has been convicted under Section 324 and
petitioners Bhupendra and Pushpendra have been convicted under
Section 324/34 of IPC and sentenced to undergo 1 year RI with
fine of Rs.1,000/- each. The petitioners approached the appellate
Court and appellate Court while affirming their conviction under
Section 324 or 324/34 of IPC, reduced their jail sentence from one
year RI to three months RI. Petitioners were sent to jail on
24.3.2022. At present, they are serving the jail sentence modified
by the appellate Court.
4. Learned counsel for the petitioners/accused submitted
that offence is of 15.9.2017. From last about five years, they are
facing the agony of trial. They have already taken a lesson. In
future they will not commit any offence. They are suffering the jail
sentence since 24.3.2022. In such circumstances, their jail sentence
may be reduced to the period already undergone by them.
5. Learned counsel for the petitioner/complainant in
Criminal Revision No.1354/2022 submitted that appellate Court
took very lenient view in awarding the sentence despite the fact
that complainant received one incised wound due to assault of
petitioner Sonu. Hence, it is prayed that sentence awarded by the
trial Court be restored.
6. Learned counsel for the State supported the impugned
judgment.
7. Heard learned counsel for the parties and perused the
record.
8. Looking to the facts and circumstances of the case,
ends of justice would meet if while reducing the jail sentence to
the period already undergone by the petitioners, the fine is
enhanced from Rs.1,000/- to Rs.5,000/- under Section 324 or
324/34 of IPC. Accordingly, jail sentence of the petitioners is
reduced to the period already undergone by them and amount of
fine under Section 324 or 324/34 of IPC is enhanced from
Rs.1,000/- to Rs.5,000/- each. The petitioners are directed to
deposit fine of Rs.5,000/- each within a period of one month from
today, failing which the petitioners will have to suffer the sentence
as awarded by the appellate Court. The amount of fine so deposited
by the petitioners be given to the complainant under Section 357 of
Cr.P.C. as compensation.
With the aforesaid, both the revisions are disposed of.
(Deepak Kumar Agarwal)
Judge
ms/-
MADHU SOODAN
PRASAD
2022.05.13
16:36:33 +05'00'
