Babulal vs The State Of Madhya Pradesh
2023 Latest Caselaw 14081 MP

                                                             1
                          IN      THE      HIGH COURT OF MADHYA PRADESH
                                                 AT INDORE
                                                    BEFORE
                                   HON'BLE SHRI JUSTICE PREM NARAYAN SINGH
                                               ON THE 28 th OF AUGUST, 2023
                                           CRIMINAL REVISION No. 792 of 2014

                         BETWEEN:-
                         BABULAL S/O SHIVLAL, AGED ABOUT 35 YEARS,
                         OCCUPATION: LABOUR GRAM AAROLIYA THANA
                         MOHAN BADODIYA (MADHYA PRADESH)

                                                                                       .....PETITIONER
                         (SHRI MANISH KUMAR VIJAYWARGIYA- ADVOCATE)

                         AND
                         THE STATE OF MADHYA PRADESH STATION HOUSE
                         OFFICER THRU. P.S. MOHAN BADODIYA (MADHYA
                         PRADESH)

                                                                                      .....RESPONDENT
                         (SHRI SURENDRA GUPTA - GOVT. ADVOCATE)

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

With consent of the parties heard finally.

1. This criminal revision under Section 397 of Cr.P.C. has been filed by the petitioner being aggrieved by the judgment dated 08.07.2014 passed by the First Additional Sessions Judge, District-Shajapur in Criminal Appeal No.210/2014, affirming the judgment dated 06.06.2014 passed by the learned Judicial Magistrate First Class in Criminal Case No.1890/2013 whereby petitioner has been convicted for offence under Section 325 of IPC, 1860 and sentenced to undergo 02 years R.I. and fine of Rs.500/- with usual default

Signature Not Verified stipulations.

Signed by: AKANKSHA LAHORIYA Signing time: 9/1/2023 6:49:03 PM

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 confined his argument on the point of sentence only and prays that since the petitioner has already undergone about 17 days of jail incarceration, therefore his sentence be reduced to the period already undergone. It is also submitted that the petitioner has already deposited the fine amount so awarded by the learned trial Court. It is further submitted that the petitioner deserve some leniency as he has already suffered the ordeal of the trial since 2013 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. Signature Not Verified Signed by: AKANKSHA LAHORIYA Signing time: 9/1/2023 6:49:03 PM

6. So far as the sentence of the petitioner is concerned, after the lapse of almost 10 years, the submissions have been made by the petitioner regarding enhancement of fine appears to be proper. The petitioner has suffered the ordeal of criminal case since 2013, 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.500/- to Rs.10,000/- under Section 325 of IPC to be paid by the petitioner within a period of two months from today. Out of the fine amount so deposited by the petitioner Rs.5,000/- be paid to Injured- Bhairulal 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 petitioner fail to deposit the fine amount, he will suffer 2 months 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: 9/1/2023 6:49:03 PM