Daryavbai vs The State Of Madhya Pradesh
2023 Latest Caselaw 21060 MP

Madhya Pradesh High Court

Daryavbai vs The State Of Madhya Pradesh on 12 December, 2023

Author: Prem Narayan Singh

Bench: Prem Narayan Singh

                                                     1
                          IN    THE     HIGH COURT OF MADHYA PRADESH
                                              AT INDORE
                                                  BEFORE
                                 HON'BLE SHRI JUSTICE PREM NARAYAN SINGH
                                         ON THE 12 th OF DECEMBER, 2023
                                       CRIMINAL REVISION No. 5208 of 2018

                         BETWEEN:-
                         1.    DARYAVBAI W/O PRAHLAD DANGI
                               R/O. GRAM SEMLA
                               THANA AND TEHSIL JEERAPUR
                               (MADHYA PRADESH)

                         2.    KANVARLAL S/O PRAHLAD DANGI
                               R/O. GRAM SEMLA
                               THANA AND TEHSIL JEERAPUR
                               (MADHYA PRADESH)

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

                         AND
                         1.    THE STATE OF MADHYA PRADESH
                               STATION HOUSE OFFICER THR.
                               PS. CHHAPIHEDA (MADHYA PRADESH)

                         2.    SHIV F/O BAVERLAL NAGAR,
                               AGED ABOUT 25 YEARS,
                               GRAM KAJURIGOKUL.
                               (MADHYA PRADESH)

                         3.    RAJKUMAR @ RAJARAM NAGAR
                               F/O RAMLAL NAGAR,
                               AGED ABOUT 20 YEARS,
                               OCCUPATION: NOT MENTIONED
                               GRAM KAJURIGOKUL
                               (MADHYA PRADESH)

                         4.    SANJU F/O KANHIYALAL NAGAR,
                               AGED ABOUT 18 YEARS,
                               GRAM KAJURIGOKUL
                               (MADHYA PRADESH)

                                                                          .....RESPONDENTS
Signature Not Verified
                         (SHRI MANURAJ SINGH ADVOCATE FOR RES.NOS.2 -4)
Signed by: SUMATHI
Signing time: 14-12-
2023 12:57:44
                                                     2
                         (SHRI SAGAR MULEY- PANEL LAWYER FOR RESPONDENT /STATE)

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

This criminal revision under Section 397 and 401 of Cr.P.C. has been filed by the petitioners being aggrieved by the judgment dated 17.07.2018 passed by the First Additional Sessions Judge, Rajgarh Biaora, District-Rajgarh in Criminal Appeal No.194/2015, whereby learned Sessions Judge dismissed the appeal by affirming the conviction of the respondents for offence under Section 338 of IPC and directed to pay Rs.21,000/- as compensation under Section 357 of Cr.P.C to Dariyavbai, passed in the judgment dated 22.06.2015 by the

learned Judicial Magistrate First Class in Criminal Case No.218/2010, wherein the respondents were convicted for offence under Section 338 of IPC, sentenced to undergo 2 years R.I. with fine of Rs.500/-.

2. On perusal of record it is evident that this is a case wherein learned trial Court has convicted the respondent Nos. 2 to 4 for the offence under Section 338 of IPC, sentenced to undergo 2 years R.I with fine of Rs.500/- and against the aforesaid order respondents have filed an appeal and the appellate Court, after due consideration of the facts and circumstances and the material available on record enhanced the compensation amount to the tune of Rs.21,000/- to petitioner no.1 Dariyavbai and the imprisonment has been set aside. Being aggrieved by the aforesaid order petitioners have preferred the present petition praying for setting aside the impugned order and to maintain the order passed by trial Court.

4. In view of the rival submissions the matter has been considered.

5. Offence under Section 338 of IPC is punishable for imprisonment of

either description for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both. Trial Court or Appellate Court may punish the accused only with fine or only with imprisonment or both. It is not an offence which contains mens rea wherein criminal intention is required. As such the punishment of imprisonment is not always necessary especially when the compensation amount is awarded, therefore, no illegality, perversity or infirmity is found in the impugned order of the learned appellate Court, hence no interference is warranted by this Court.

6. Accordigly, this revision petition, being devoid of merits, is dismissed and the impugned order dated 17.07.2018 is hereby affirmed.

7. A copy of this order be sent to the concerned Court for necessary information.

Certified copy, as per rules.

(PREM NARAYAN SINGH) JUDGE sumathi