Rajendra Singh vs State Of M.P.
2023 Latest Caselaw 6559 MP

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        IN THE HIGH COURT OF MADHYA PRADESH
                     AT GWALIOR
                                      BEFORE
      HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                        ON THE 24th OF APRIL, 2023

                  CRIMINAL REVISION NO.797 OF 2011

       BETWEEN:-

       RAJENDRA SINGH S/O RAMSINGH
       BANAPHAR, AGED 28 YEARS, R/O NAYI
       BASTI, PICHHORE, POLICE STATION-
       PICHHORE,   DISTRICT-   SHIVPURI
       (MADHYA PRADESH)

                                                                  ........APPLICANT

       (BY SHRI D.S. TOMAR- ADVOCATE)

       AND

       STATE OF MADHYA PRADESH THROUGH
       POLICE STATION- PICHHORE, DISTRICT-
       SHIVPURI (MADHYA PRADESH)

                                                               ........RESPONDENT

       (BY SMT. PADAMSHRI AGRAWAL- PANEL LAWYER)

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       This revision coming on for orders this day, the Court passed the
following:
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                                      ORDER

This revision under Section 397/401 of the Code of Criminal

Procedure has been filed by the applicant against the judgment dated 06/09/2011 passed by First Additional Session Judge, Pichhore, District- Shivpuri (M.P.) in Criminal Appeal No.191/2011, affirming the order dated 01/07/2011 passed in Criminal Case No.1011/2006 by JMFC, Pichhore, District- Shivpuri (M.P.), whereby the applicant has been convicted and sentenced as under:-

Section Sentence Fine (Rs.) Default Stipulation 337 of IPC 2 Months RI 500/- -

338 of IPC 6 Months RI 500/- -

Learned counsel for the applicant submits that incident is of the year 2006 and about 17 years have lapsed. Learned counsel for the applicant confined his argument only to the point of sentence and prays that the sentence awarded to him be modified to the extent that period already undergone by him would be sufficient to meet the ends of justice.

Learned counsel for the respondent/State while opposing the appeal has submitted that the learned trial Court has arrived on the appropriate findings and rightly passed the impugned judgment of conviction and sentence.

Looking to the facts and circumstances of the case, ends of justice would meet if while reducing the jail sentence of the applicant to the period already undergone by him, the fine is enhanced from Rs.500/- to Rs.800/- for the offence under Section 337 of IPC and from Rs.500/- to Rs.1,000/- for the offence under Section 338 of IPC total fine amount of Rs.1800/-. Accordingly, while affirming the conviction of the applicant for the offence under Sections 337 and 338 of IPC, jail sentence of the

applicant is reduced to the period already undergone by him but fine amount is enhanced from Rs.500/- to Rs.800/- for the offence under Section 337 of IPC and from Rs.500/- to Rs.1,000/- total fine amount of Rs.1800/- which shall be deposited by him before the trial Court within a period of two months, failing which the applicant will have to suffer the complete sentence as awarded by the Court below. The amount of fine so deposited by the applicant be given to the injured persons in equal proportion under Section 357 of Cr.P.C on due verification of identity of them.

In view of the above, this revision is finally disposed of. Certified copy as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

rahul RAHUL SINGH Digitally signed by RAHUL SINGH PARIHAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab676d0cde4dee4

PARIHAR 73fe77953f5, pseudonym=68E0B84BAE73376CD071289B3D9FE728CE00D487, serialNumber=0275C4F803F94C47998BE5C534E21BDED910FD4AB9D159 B55575E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2023.04.27 09:48:37 +05'30'