Aslam vs The State Of Madhya Pradesh
2023 Latest Caselaw 5721 MP

                                                             1
                           IN     THE       HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                   BEFORE
                                HON'BLE SHRI JUSTICE RAJENDRA KUMAR (VERMA)
                                                 ON THE 10 th OF APRIL, 2023
                                            CRIMINAL REVISION No. 72 of 2006

                          BETWEEN:-
                          1.    ASLAM S/O SHEKH PEER MOHMMED, AGED
                                ABOUT 36 YEARS, GONA BADI,THANA MOHKHED
                                TAH DISTT.CHHINDWARA (MADHYA PRADESH)

                          2.    SMT.SARIFA BIASLAM, AGED ABOUT 32 YEARS,
                                GONA     BADI,THANA    MOHKHED       TAH
                                DISTT.CHHINDWARA (MADHYA PRADESH)

                                                                                          .....PETITIONER
                          (BY MS. RASHI DUA ON BEHALF OF SHRI MANISH TIWARI - ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH CHHINDWARA
                          (MADHYA PRADESH)

                                                                                       .....RESPONDENTS
                          (BY SHRI HARSH GUPTA - PANEL LAWYER)

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

This criminal revision under Section 397/401 of Cr.P.C. has been filed by the petitioners being aggrieved by the judgment dated 23.08.2005 passed by the Chief Judicial Magistrate in Criminal Case No.1464/2001.

Petitioners have been convicted under Sections 325, 34 of the IPC and sentenced to undergo RI for 1 year and fine of Rs.500 each with default stipulations. Being aggrieved by the aforesaid judgment, petitioner has preferred an appeal before the learned Additional Sessions Judge, Chhindwara in CRA Signature Not Verified Signed by: DEVESH K SHRIVASTAVA Signing time: 4/12/2023 2:35:26 PM

No.139/2005 which was dismissed.

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 prays that since the petitioners has already undergone 22 days of their awarded sentence, therefore, their sentence be reduced to the period already undergone.

Learned Government Advocate for the respondent/State on the other hand supports the impugned judgment and prays for dismissal of this revision.

On perusal of the record, the submission of the learned counsel for the

petitioner appears to be just and proper. Hence, finding force in the contentions raised by the learned counsel for the petitioner, this Court finds it expedient to allow this revision petition by affirming the conviction of the petitioner and by reducing the sentence to the period already undergone and enhancing the fine amount.

Accordingly, this revision petition is allowed and the sentence awarded t o the petitioners for the offence under Sections 325/34 of IPC is hereby reduced to the sentence already undergone by increasing the fine amount of Rs.500/- to Rs.20,000/- each and out of the total amount, sum of Rs.15,000/- be paid to the injured.

The petitioners are directed to deposit the fine/compensation amount within a period of 60 days from today, failing which, they have to undergo the remaining jail sentence awarded by the trial court.

In view of the aforesaid modification, instant Criminal Revision is partly allowed.

Since, petitioners are in custody, they be released on depositing of Signature Not Verified Signed by: DEVESH K SHRIVASTAVA Signing time: 4/12/2023 2:35:26 PM

enhanced fine amount before the trial Court, if not required in any other case.

It is made clear that if the petitioners fails to comply with the conditions as stipulated by this Court, as aforesaid, then the order of the court below shall b e revived and petitioners shall suffer the jail sentence as already imposed by the trial 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 DevS

Signature Not Verified Signed by: DEVESH K SHRIVASTAVA Signing time: 4/12/2023 2:35:26 PM