Vijay vs The State Of Madhya Pradesh
2023 Latest Caselaw 6011 MP

                                                             1
                           IN     THE       HIGH COURT OF MADHYA PRADESH
                                                  AT GWALIOR
                                                    BEFORE
                                 HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                                ON THE 13 th OF APRIL, 2023
                                           CRIMINAL REVISION No. 984 of 2016

                          BETWEEN:-
                          1.    VIJAY S/O SHRI HARNAM KUSHWAH, AGED
                                ABOUT 35 YEARS, OCCUPATION: AGRIL. VILL.
                                RAM PARAI KI POUR P.S. KOLARAS (MADHYA
                                PRADESH)

                          2.    HARNAM S/O SHRI SHRIA KUSHWAH, AGED
                                ABOUT 60 YEARS, OCCUPATION: AGRICULTURE
                                VILLAGE RAM PARAI KI POUR PS KOLARAS DIST.
                                SHIVPURI (MADHYA PRADESH)

                                                                                        .....PETITIONERS
                          (SHRI SUNIL KUMAR JAIN, LEARNED COUNSEL FOR THE
                          PETITIONERS)

                          AND
                          THE STATE OF MADHYA PRADESH INCHARGE POLICE
                          STATION KOLARAS (MADHYA PRADESH)

                                                                                        .....RESPONDENT
                          ( SHRI GIRDHARI SINGH- LEARNED COUNSEL FOR THE RESPONDENT-
                          STATE)

                                This revision coming on for HEARING this day, the court passed the
                          following:
                                                              ORDER

Today case has been listed for consideration of IA.14190 of 2022 which is an application filed on behalf of petitioners for condonation of their absence on 05-09-2022 before the Registry of this Court.

The petitioners are present in person and marked their presence before this Court and they were duly identified by his Counsel Shri Sunil Kumar Jain. Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 4/19/2023 10:51:03 AM

Considering the reasons assigned in the condonation application, the same is allowed and the absence of the petitioners on 05-09-2022 is hereby condoned.

With the consent of learned counsel for the parties, the present revision is heard finally.

This revision has been filed by the petitioner against the judgment dated 6th October, 2016 passed by Special and Additional Sessions Judge, Shivpuri in Criminal Appeal No.120 of 2013 affirming the judgment dated 25-03-2013 passed by Court of JMFC, Kolaras, Shivpuri in Criminal Case No.483 of 2007, convicting and sentencing the petitioner for three months RI with fine of Rs.500/- with default stipulation for offence under Section 323/34 of IPC and

one year RI with fine of Rs.500/- with default stipulation for offence under Section 325/34 of IPC respectively.

Allegation against present petitioners is that when complainant Basanti Bai on the alleged date of incident i.e. 24-05-2007 at around 06:00 in the morning had gone to feed the animals(oxen), at that time, petitioner- accused Harnam came there and told her for not tying the oxen at his field. It is alleged that both petitioners along with two other co-accused Pappu and Lallu committed marpeet and inflicted lathi blows on the complainant Basanti Bai, injured Baijanti Bai, Kalyan, Girraj and her husband Kacchu. On the complaint of complainant crime no.197 of 2007 was registered on 15-06-2007 at police station Kolaras and matter was investigated. Statements of witnesses were recorded. After completion of investigation and other formalities, police filed charge sheet before the competent Court. Learned trial Court after conclusion of trial, acquitted two other co-accused persons namely Lallu and Pappu of charges levelled against them and only convicted and sentenced the present petitioners vide judgment dated 25-03-2013. Being dissatisfied, the petitioners Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 4/19/2023 10:51:03 AM

preferred appeal before the lower Appellate Court and the lower Appellate Court dismissed the criminal appeal filed by the petitioners vide judgment dated 6th October, 2016.

Learned counsel for the petitioners submitted that he does not want to challenge the conviction of petitioners for aforesaid offences. As regards sentence, it is submitted by counsel for the petitioners that incident took place between the complainant party and accused on 24-05-2007 all of sudden over a dispute of tying oxen and the petitioners- accused are facing agony of trial for near about 16 years. Petitioners have already suffered incarceration of 17 days. Amount of fine has been deposited by them. Therefore, while enhancing the fine amount suitably, sentence of the petitioners be reduced to the period already undergone by them.

Learned counsel for State supported the impugned judgment. Heard learned counsel for the parties and perused the record. Looking to the aforesaid facts and circumstances of the case, ends of justice would meet if while reducing the jail sentence of the petitioners to the period already undergone by them, the fine amount is enhanced to Rs.10,000- 10,000/- (total Rs. 20,000/- for causing injury to Khachu) for commission of offence under Section 325/34 of IPC and Rs.10,000- 10,000/-(total Rs.20,000/- for causing injuries to four injured, namely, Basanti Bai, Kalyan, Girraj and

Baijanti Bai) for commission of offence under Section 323/34 of IPC. Accordingly, while affirming conviction of petitioners under the aforesaid offences, the jail sentence o f the petitioners is reduced to the period already undergone by them and the aforesaid enhanced amount shall be deposited by petitioners on adjustment of fine amount so deposited by them before the trial

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 4/19/2023 10:51:03 AM

Court within a period of one month from today and the same shall be given to the aforesaid injured under Section 357 of CrPC, failing which the petitioners will have to suffer the sentence as awarded by the Courts below.

With the aforesaid, the revision stands disposed of.

(DEEPAK KUMAR AGARWAL) JUDGE MKB

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 4/19/2023 10:51:03 AM