Ram Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 6539 MP

                                                               1
                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                   AT INDORE
                                                        BEFORE
                                            HON'BLE SHRI JUSTICE ANIL VERMA
                                                  ON THE 24 th OF APRIL, 2023
                                             CRIMINAL REVISION No. 317 of 2015

                           BETWEEN:-
                           RAM SINGH S/O HEMTA, AGED ABOUT 38 YEARS,
                           OCCUPATION: AGRICULTURE, R/O: VILLAGE JAMERI,
                           TEH. JOBAT, DIST. ALIRAJPUR (MADHYA PRADESH)

                                                                                        .....APPLICANT
                           (BY SHRI YASH PAL RATHORE - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH STATION HOUSE
                           OFFICER THRU. P. S. JOBAT, DIST. ALIRAJPUR
                           (MADHYA PRADESH)

                                                                                      .....RESPONDENT
                           (BY SHRI PRANAY JOSHI - PANEL LAWYER)

                                 This revision coming on for direction this day, th e court passed the
                           following:
                                                                ORDER

The applicant has preferred this Criminal Revision under Section 397

read with Section 401 of the Code of Criminal Procedure, 1973 (in short 'Cr.P.C.') being aggrieved by the impugned judgment of conviction and sentence dated 26.02.2015 passed by the Additional Sessions Judge, Jobat, Alirajpur in Criminal Appeal No.39/2014, whereby the judgment dated 18.09.2014 passed by the Judicial Magistrate First Class, Jobat, Alirajpur in Criminal Case No.991/2011 has been modified and applicant has been convicted for the offence under Section 325 of IPC and sentenced 2 years R.I.

Signature Not Verified with fine of Rs.3,000/- with usual default stimulation. Signed by: ANUSHREE PANDEY Signing time: 25-04-2023 11:20:44

The prosecution story in brief is that there was some previous enmity between the complainant and the present applicant. On 09.11.2011 at about 8:00 PM, complainant Idu was going for irrigating his land, at that time his brother present applicant Ram Singh came there he abused him in filthy language and assaulted him by means of wooden stick, due to which complainant sustained bony injury on his left hand. After hearing screaming complainant's wife and son came there to save him. After seeing the complainant's wife and son accused fled away from the spot. After that complainant Idu lodged an FIR at P.S. Jobat, Alirajpur. MLC of complainant was conducted by Dr. Anand (PW-

6) and as per his report, complainant sustained fracture on radius ulna bone of

left hand. During the investigation a wooden stick has been recovered from the possession of the applicant.

After completion of investigation, charge-sheet has been filed against the present applicant before the JMFC, Jobat, who has framed charged under Sections 325 and 504 of IPC against the applicant. Applicant has abjured his guilt and took a plea that he has been falsely implicated in the instant case. The trial Court after considering the submissions advanced by both the parties and scrutinizing entire evidence available on record, convicted the present applicant Ram Singh under Sections 325 of IPC and sentenced him 2 years R.I. with fine of Rs.3,000/- with usual default stimulation.

Being aggrieved by the said conviction, the present applicant has preferred a Criminal Appeal before the Additional Sessions Judge, Jobat, but the same was dismissed by affirming the judgment and sentenced by the trial Court. Being aggrieved by the said conviction and sentence passed by both the Courts below applicant has preferred this Criminal Revision before this Court. Signature Not Verified Signed by: ANUSHREE PANDEY Signing time: 25-04-2023 11:20:44

The applicant has preferred the present Revision on several grounds, but during the course of the argument, learned counsel for the applicant submits that applicant does not want to press this Criminal Revision on merit and is not assailing the conviction and sentence part of the judgment. He has confined his argument only to the extent of quantum of the sentence and his sole prayer is that the imprisonment of the applicant be reduced to the period already undergone by him, as the applicant has already suffered jail incarceration for more than one month and he is facing trial for last 12 years. Applicant is a 58 years old poor person and is not having any criminal background Therefore, his jail sentence be reduced to the period already undergone.

Per contra, learned counsel for the respondent/State opposes the revision and prays for its rejection by submitting that both the Courts below have rightly convicted and sentenced the applicant and the sentence in question is sufficient.

Heard learned counsel for both the parties and perused the record. In view of the submissions made by learned counsel for the applicant, although the conviction has not been challenged, but a bare perusal of the evidence available on record, also justifies the judgment of conviction passed by both the Courts below.

So far as the quantum of jail sentence is concerned, the submissions made by learned counsel for the applicant appears to be just and proper. The

present applicant was remained in custody for a period of more than one month and he has suffered jail incarceration from 26.02.2015 to 08.04.2015. At the time of incident present applicant was an old man of 38 years of age. Now he has turned 58. Therefore, in the interest of justice, it would be appropriate to reduce the jail sentence to the period already undergone by the applicant.

Signature Not Verified Considering the aforesaid, the revision is partly allowed by maintaining Signed by: ANUSHREE PANDEY Signing time: 25-04-2023 11:20:44

the conviction of the applicant, but reducing his jail sentence to the period already undergone by him. The fine amount imposed upon the applicant by both the Courts below is hereby affirmed. Applicant Ram Singh is on bail, his surety and bail bonds stands discharged.

The order regarding disposal of the property as pronounced by the trial Court is also affirmed.

Let a copy of this order alongwith record of both the Courts below be sent back to the concerned Courts for information and necessary compliance.

Certified copy as per rules.

(ANIL VERMA) JUDGE Anushree

Signature Not Verified Signed by: ANUSHREE PANDEY Signing time: 25-04-2023 11:20:44