Lakhan vs The State Of Madhya Pradesh
2023 Latest Caselaw 13146 MP

                                                             1
                           IN      THE      HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                      BEFORE
                                     HON'BLE SHRI JUSTICE PREM NARAYAN SINGH
                                               ON THE 14 th OF AUGUST, 2023
                                            CRIMINAL REVISION No. 355 of 2017

                          BETWEEN:-
                          LAKHAN S/O SHRI DHANNALAL YADAV, AGED ABOUT
                          24 YEARS, OCCUPATION: LABOUR VILLAGE SADLI, P.S.
                          KASRAWAD, DISTT. KHARGONE (MADHYA PRADESH)

                                                                                      .....PETITIONER
                          (SHRI MUKESH SINJONIA, LEARNED COUNSEL FOR THE PETITIONER .

                          AND
                          THE STATE OF MADHYA PRADESH STATION HOUSE
                          OFFICER THRU. P.S. KASRAWAD, DISTT. KHARGONE
                          (MADHYA PRADESH)

                                                                                    .....RESPONDENTS
                          (SHRI RAJESH JOSHI APPEARING ON BEHALF OF ADVOCATE
                          GENERAL.

                                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 15.03.2017 passed by learned First Additional Sessions Judge, District West Nimar (Mandleshwar) in Criminal Appeal No.252/2015 arising out of the judgment passed by the learned JMFC in Criminal Case No. 1078/2013 whereby the petitioner has been convicted for offence punishable under Section 325, 323 and 323 of IPC and sentenced to undergo one year RI, 06 months R.I. and one Signature Not Verified Signed by: AMIT KUMAR Signing time: 8/16/2023 6:49:43 PM

year R.I with a fine of Rs.1000/- , 1000/- and 1,000/- respectively and 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 19 days 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 2015 i.e. for a period of 10 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 both 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: AMIT KUMAR Signing time: 8/16/2023 6:49:43 PM

almost 10 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 2013 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. 10,000/- under Section 325 of IPC to be paid by the petitioner within a period of one month from today. Likewise the sentence awarded to the petitioner under Section 323 & 323 of IPC is also reduced to the sentence already undergone. The fine qua Section 323 & 323 of IPC is confirmed. Out of the fine amount so deposited by the petitioner, Rs.5000/- be paid to injured Sukhlal, and Rs.1,000/- each be paid to Subhash and Baliram under Section 357(3) of Cr.P.C. by the trial Court. The fine amount, if already deposited as well as the compensation amount paid to the injured, if any, shall be adjusted. 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 amit

Signature Not Verified Signed by: AMIT KUMAR Signing time: 8/16/2023 6:49:43 PM