Manoj Shivhare vs The State Of Madhya Pradesh
2023 Latest Caselaw 6982 MP

                                                          1
                           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. 1788 of 2023

                          BETWEEN:-
                          1.    MANOJ SHIVHARE S/O SHRI BHAGIRATH
                                SHIVHARE, AGED ABOUT 46 YEARS, R/O VILLAGE
                                DATTPURA WARD NO 18 POLICE STATION
                                KOTWALI , MORENA (MADHYA PRADESH)

                          2.    RAHUL @ BHOLA SHIVHARE S/O SHRI
                                JAYGOVIND SHIVHARE, AGED ABOUT 26 YEARS,
                                R /O KASAI PADA BADI THANA BADHODA DISTT
                                DHOLPUR (RAJASTHAN)

                          3.    BHURA RAJAK S/O SHRI POORAN RAJAK, AGED
                                ABOUT 28 YEARS, R/O HANUMAN GANJ POLICE
                                THANA DABRA DISTT GWALIOR (MADHYA
                                PRADESH)

                                                                                   .....PETITIONERS
                          (BY SHRI RAJMANI BANSAL - ADVOCATE)

                          AND
                          1.    THE STATE OF MADHYA PRADESH THROUGH
                                DISTRICT MAGISTRATE DISTRICT SHEOPUR
                                (MADHYA PRADESH)

                          2.    THE STATE OF MADHYA PRADESH, THROUGH
                                POLICE THANA KOTWALI DISTRICT SHEOPUR
                                (MADHYA PRADESH)

                                                                                  .....RESPONDENTS
                          (BY SHRI R.S. YADAV - PUBLIC PROSECUTOR)

                                Th is revision coming on for hearing this day, th e court passed the
                          following:
                                                           ORDER

This revision has been filed under Section 397 r/w 401 Cr.P.C by the Signature Not Verified Signed by: ADNAN HUSAIN ANSARI Signing time: 4/27/2023 3:47:52 PM

petitioners against the judgment dated 20.04.2023 passed by the Sessions Judge, Sheopur, District- Sheopur (M.P.), in Criminal Appeal No.43/2022 affirming the judgment dated 02.07.2022 passed by the JMFC, Sheopur, Distt. Sheopur, in Criminal Case No.1200474/2016 convicting the petitioners under Sections 323/34 of IPC and sentenced them to undergo 3 months' RI with fine of Rs.500-500/- each, and under Section 325/34 of IPC and undergo six months' with fine of Rs. 500-500/-each and under Section 427 of IPC with fine of Rs.1,000-1,000/-each with default stipulations.

In brief, facts of the case are that, learned trial Court vide its judgment dated 20.04.2023 convicted the petitioners for the offence under Section 323/34

, 325/34 and 427 of IPC and sentenced them to undergo maximum punishment for six months' RI. As per allegation against the present petitioners are that they committed maarpeet with complainant. The petitioners preferred an appeal against the judgment before the appellate court. The appellate court set aside their appeal.

Learned counsel for the petitioners made submission that incident is of the year 2016 and about more than 7 years has been passed. Petitioners have suffered 8 days of incarceration. In these situation, they do not want to press their petition on merits. It is submitted that in lieu of sentence, fine amount may be enhanced.

In view of the arguments advanced by the counsel for the petitioners and after perusing the record, the incident took place on 23.05.2016 and about 7 years has been passed, in these situation, in lieu of sentence of three months imposed under Section 323/34 of IPC is reduced to the period already undergone by them, enhancing the fine amount from Rs.500-500/- to Rs.1,000- 1,000/-, in lieu of sentence of six months imposed under Section 325/34 of Signature Not Verified Signed by: ADNAN HUSAIN ANSARI Signing time: 4/27/2023 3:47:52 PM

IPC is reduced to the period already undergone by them, enhancing the fine amount from Rs.500-500/- to Rs.5,000-5,000/- which shall be deposited by them within a period of one month from today, failing which the petitioners will have to suffer the sentence as awarded by the Courts below. The amount of fine so deposited by the petitioners be given to complainant under Section 357 of Cr.P.C. as compensation.

With the aforesaid, the revision stands disposed of.

(DEEPAK KUMAR AGARWAL) JUDGE Adnan

Signature Not Verified Signed by: ADNAN HUSAIN ANSARI Signing time: 4/27/2023 3:47:52 PM