Brajesh vs The State Of Madhya Pradesh
2023 Latest Caselaw 2007 MP

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                          IN     THE      HIGH COURT OF MADHYA PRADESH
                                                AT GWALIOR
                                                   BEFORE
                                HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                            ON THE 3 rd OF FEBRUARY, 2023
                                          CRIMINAL REVISION No. 181 of 2015

                         BETWEEN:-
                         BRAJESH S/O KALLURAM CHIDAR, AGED ABOUT 30
                         YE A R S , R/O GRAm, BHASODA,THANA BADARWAS,
                         DISTT. SHIVPURI (MADHYA PRADESH)

                                                                                        .....PETITIONER
                         (BY SHRI D.S.KUSHWAH - ADVOCATE )

                         AND
                         THE STATE OF MADHYA PRADESH INCHARGE POLICE
                         STATION AARKSHI KENDRA BADARWAS ,DISTT.
                         SHIVPURI (MADHYA PRADESH)

                                                                                       .....RESPONDENT
                         (BY SHRI ANIL SHUKLA - PUBLIC PROSECUTOR)

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

This criminal revision under Section 397, 401 of Cr.P.C. has been filed

by the revisionist assailing the Judgment dated 24.02.2015 passed in Criminal Appeal No. 217/2014 by Third Additional Sessions Judge to the Court of Sessions Judge Shivpuri by which the judgement dated 08.08.2014 passed in Criminal Case No. 1460/2011 by Judicial Magistrate First Class Shivpuri has been affirmed.

In brief, facts of the case are that, learned trial Court vide its judgment dated 08.08.2014 convicted the petitioner for the offence under Section 325 of

Signature Not Verified IPC and sentenced him to undergo 6 months RI with fine of Rs.3000/-. As per Signed by: MADHU SOODAN PRASAD Signing time: 2/3/2023 3:59:00 PM

allegation against the present applicant/accused is that petitioner blow a stick on complainant Nanda due to which he got fracture in his left hand. During medical treatment, he got fracture in his left hand. The petitioner preferred an appeal against the judgment before the appellate court. The appellate court set aside his appeal.

Learned counsel for the petitioner made submission that incident is of the year 2011 and about more than 12 years has been passed. In these situation, he does not want to press his petition on merits. It is submitted that in lieu of sentence, fine amount may be enhanced.

In view of the arguments advanced by the counsel for the petitioner and

after perusing the record, the incident took place on 17.10.2011, about 12 years has been passed, in these situation, in lieu of sentence of three months imposed under Section 325 of IPC is reduced to the period already undergone by him, enhancing the fine amount from Rs.3,000/- to Rs.20,000/- which shall be paid to complainant by way of compensation.

The amount of compensation be deposited in the trial Court within one month from the date of receipt of certified copy of this order, failing which petitioner shall undergo the original sentence awarded by the trial Court. The appellant is on bail, in case the fine amount is deposited by him, his bail bonds stands discharged.

With the aforesaid modification, the revision petition stands disposed of.

(DEEPAK KUMAR AGARWAL) JUDGE Vijay

Signature Not Verified Signed by: MADHU SOODAN PRASAD Signing time: 2/3/2023 3:59:00 PM