Mahesh vs The State Of Madhya Pradesh
2023 Latest Caselaw 12324 MP

                                                            1
                          IN     THE      HIGH COURT OF MADHYA PRADESH
                                                AT INDORE
                                                     BEFORE
                                    HON'BLE SHRI JUSTICE PREM NARAYAN SINGH
                                              ON THE 2 nd OF AUGUST, 2023
                                          CRIMINAL REVISION No. 962 of 2014

                         BETWEEN:-
                         MAHESH S/O GYAAN SINGH, AGED ABOUT 32 YEARS,
                         OCCUPATION: AGRICULTURIST VILLAGE KHEDA
                         KANJAR, NAKA SUMRAKHEDI, P.S. BHAIRASA
                         (MADHYA PRADESH)

                                                                                       .....PETITIONER
                         (SHRI AMIT YADAV -ADVOCATE)

                         AND
                         THE STATE OF MADHYA PRADESH COLLECTOR /
                         DISTRICT  MAGISTRATE  SHAJAPUR  (MADHYA
                         PRADESH)

                                                                                     .....RESPONDENT
                         ( SHRI PRASHANT JAIN - GOVT. ADVOCATE)

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

With consent of the parties heard finally.

1. This criminal revision under Section 397 and 401 of Cr.P.C. has been filed by the petitioner being aggrieved by the judgment dated 13.08.2014 passed by learned Second Additional Sessions Judge, District Shajapur in Criminal Appeal No. 298/2012 arising out of the judgment passed by the learned Addl. Chief Judicial Magistrate, Agar Malwa, District Shajapur in Criminal Case No. 224/2009. The appeal filed by the petitioner has been partly allowed and he stands convicted for offence punishable under Section 379 of IPC and Signature Not Verified Signed by: AKANKSHA LAHORIYA Signing time: 8/3/2023 5:26:09 PM

sentenced to undergo RI for one year with a fine of Rs. 1000/- with default stipulation.

2. The petitioner has preferred this criminal revision on several grounds but during the course of arguments, learned counsel for the petitioner did not press this revision on merit and nor assailed the finding part of judgment. He confines his argument on the point of sentence only and prays that since the petitioner has already undergone approximately five months in jail incarceration, his sentence be reduced to the period already undergone. It is further submitted that the petitioner deserves some leniency as he has already suffered the ordeal of the trial since 2009 i.e. for a period of 15 years. It is further submitted that

this petition be partly allowed and the sentence awarded to the petitioner be reduced to the period already undergone by enhancing the fine amount.

3. Learned counsel for the State on the other hand supports the impugned judgment and prays for dismissal of this revision.

4. Having considered the rival submissions and on perusal of the record, the submission of the learned counsel for the petitioner appears to be just and proper.

5. However, the learned trial Court as well as the learned Appellate Court has not committed any error in appreciation of evidence available on record. Further, it is found that both the courts below considered the evidence available on record and correctly found that the case of the prosecution is well supported by the injured, witnesses and medical testimony. Both the Courts below have well considered the material available on record, hence, no infirmity is found in the impugned order of conviction passed by the Courts below, accordingly, the same is upheld.

6. So far as the sentence of the petitioner is concerned, after the lapse of Signature Not Verified Signed by: AKANKSHA LAHORIYA Signing time: 8/3/2023 5:26:09 PM

almost 15 years, the submissions made by the petitioner regarding enhancement in fine appears to be proper. The petitioner has suffered the ordeal of criminal case since 2009 and there is no criminal record/antecedents of the petitioner, this Court finds it expedient to partly allow this revision petition by affirming the conviction of the petitioner.

7. Accordingly, this revision petition is partly allowed and the sentence awarded to the petitioner is hereby reduced to the sentence already undergone by increasing the fine amount from Rs.1000/- to Rs. 5,000/- under Section 379 of IPC to be paid by the petitioner within a period of one month from today. The bail bond of the petitioner shall be discharged after deposit of the fine amount. If the applicant fails to deposit the fine amount, he will suffer 1 month of simple imprisonment in default.

8. A copy of this order be sent to the concerned trial Court for necessary compliance.

Certified copy as per rules.

(PREM NARAYAN SINGH) JUDGE akanksha

Signature Not Verified Signed by: AKANKSHA LAHORIYA Signing time: 8/3/2023 5:26:09 PM