Sitaram Lodhi vs The State Of Madhya Pradesh
2023 Latest Caselaw 6944 MP

                                  1
s
          IN     THE     HIGH COURT OF MADHYA
                             PRADESH
                           AT GWALIOR
                            BEFORE
         HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                       ON THE 28 th OF APRIL, 2023
                 CRIMINAL REVISION No. 1587 of 2023

    BETWEEN:-
    1.    SITARAM LODHI S/O SHRI TULSIRAM
          LODHI, AGED ABOUT 55 YEARS, VILLAGE
          KHURAI POLICE STATION AND TEH
          PICCHORE (MADHYA PRADESH)

    2.    ACCHELAL LODHI S/O SHIR TULSIRAM
          LODHI, AGED ABOUT 45 YEARS, VILLAGE
          KHURAI POLICE STATION AND TEHSIL
          PICCHORE (MADHYA PRADESH)

    3.    VINOD LODHI S/O SHIR ACCHELAL LODHI,
          AGED ABOUT 28 YEARS, VILLAGE KHURAI
          POLICE STATION AND TEHSIL PICCHORE
          (MADHYA PRADESH)

                                                          .....PETITIONERS
    (BY SHRISURESH AGRAWAL - ADVOCATE )

    AND
    THE STATE OF MADHYA PRADESH INCHARGE
    POLICE STATION THROUGH POLICE STATION
    INSPECTOR (MADHYA PRADESH)

                                                         .....RESPONDENTS
    (BY SHRI PRAMOD PCHOURI - PUBLIC PROSECUTOR )

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

Petitioners filed this criminal revision aggrieved by the judgment

passed by the trial Court on 12.07.2018 by which petitioners have been convicted for the offence under Sections 323/34 of IPC for six months and for the offence under Section 325/34 of IPC fine of Rs.500/- . Their appeal was dismissed by judgment dated 08.04.2023. Aggrieved by the aforesaid judgment of conviction and dismissal of appeal, he preferred this revision.

Learned counsel for the petitioners does not want to press this petition on merits and prays that in lieu of sentence fine should be enhanced.

The allegation against the petitioners are that they did mar peet with the complainant on the issue of digging of field. Thereafter, charge-sheet

has been submitted. Crime was registered. After trial, trial Court convicted the petitioners for the aforesaid offences. .

Learned counsel for the petitioners submits that during trial the petitioners were in custody for 20 days.

Learned counsel for the State supported the impugned judgment. Heard learned counsel for the parties and perused the record. In view of the arguments advanced by the counsel for the petitioners and after perusing the record, the petitioners were in custody for 20 days, in lieu of sentence of six months imposed under Sections 323/34 of IPC is reduced to the period already undergone by them and sentence of six months imposed under Sections 325/34 of IPC is reduced to the period already undergone enhancing the fine amount from Rs.500/- to Rs.5000/- (by each of petitioner) which shall be paid to the complainant by way of

compensation.

The amount of compensation be deposited in the trial Court within one month from the date of receipt of certified copy of this order, failing which petitioners shall undergo the original sentence awarded by the trial Court.

With the aforesaid, the revision stands disposed of.

(DEEPAK KUMAR AGARWAL) JUDGE mani

SUBASRI MANI 2023.05.03 15:49:38

-07'00'