Indersingh vs The State Of Madhya Pradesh
2023 Latest Caselaw 13154 MP

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                                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. 1236 of 2015

                          BETWEEN:-
                          INDERSINGH S/O SHRI RATANLAL JI GURJAR,
                          AGED    ABOUT     40   YEARS, OCCUPATION:
                          AGRICULTURIST VILLAGE - CHAPLANA, DISTT.
                          NEEMUCH, P.S. MANASA (MADHYA PRADESH)

                                                                                  .....PETITIONER
                          (SHRI ABHISHEK RATHORE- ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH STATION
                          HOUSE OFFICER THUR. P.S. MANASA (MADHYA
                          PRADESH)

                                                                                .....RESPONDENT
                          (SHRI GAURAV RAWAT - DY. GOVT. ADVOCATE)

                                This revision coming on for hearing this day, the 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 t h e petitioner being aggrieved by the judgment dated 18.09.2015, passed by the learned Additional Sessions Judge, Manasa, District- Neemuch, in CRA No.37/2015, partly allowing the judgment dated 30.01.2015, passed by learned Judicial Magistrate First Class, in

Signature Not Verified Signed by: AKANKSHA LAHORIYA Signing time: 8/16/2023 4:59:37 PM

Criminal Case No.747/2010, whereby the petitioner has been convicted for the offence under Section 323 and 325 of IPC and sentenced to undergo 4 months and One year RI with fine of Rs.1,000/- and Rs.2,000/- respectively with default stipulations.

2 . T h e 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 merits and not assail 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 14 days in jail incarceration, his sentence be reduced to the period already undergone. The petitioner deserves some leniency as the he already

suffered the ordeal of the trial since 2010 i.e. for a period of 13 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 witnesses & misappropriation

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of funds was found. 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 almost 13 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 2010, 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 of Rs.2,000/- 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 under Section 323 is also reduced to the sentence already undergone by affirming the fine. Out of the fine amount so deposited by the petitioner, Rs.5,000/- be paid to legal representatives of injured Kaniram 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 as stipulated above, he will suffer 1 month of simple imprisonment in

default.

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

Signature Not Verified Signed by: AKANKSHA LAHORIYA Signing time: 8/16/2023 4:59:37 PM

necessary compliance.

Certified copy as per rules.

(PREM NARAYAN SINGH) JUDGE akanksha

Signature Not Verified Signed by: AKANKSHA LAHORIYA Signing time: 8/16/2023 4:59:37 PM