Badrilal And 3 Ors. vs The State Of Madhya Pradesh
2023 Latest Caselaw 2055 MP

                                                          1
                                IN THE HIGH COURT OF MADHYA PRADESH
                                              AT INDORE
                                                    BEFORE
                                        HON'BLE SHRI JUSTICE ANIL VERMA
                                            ON THE 6 th OF FEBRUARY, 2023
                                         CRIMINAL REVISION No. 1148 of 2013

                         BETWEEN:-
                         1.    BADRILAL S/O UMRAOSINGH, AGED ABOUT 70
                               YE A R S , OCCUPATION: AGRICULTURIST, R/O
                               VILLAGE UMROD DEWAS (MADHYA PRADESH)

                         2.    KAMAL S/O BADRILAL, AGED ABOUT 30 YEARS,
                               OCCUPATION: AGRICULTURIST, R/O VILLAGE
                               UMROD DEWAS (MADHYA PRADESH)

                         3.    MODSINGH S/O BADRILAL, AGED ABOUT 32
                               YE A R S , OCCUPATION : AGRICULTURIST, R/O
                               VILLAGE UMROD DEWAS (MADHYA PRADESH)

                         4.    SURESH S/O BALDEVSIGNH, AGED ABOUT 32
                               YE A R S , OCCUPATION : AGRICULTURIST, R/O
                               VILLAGE UMROD DEWAS (MADHYA PRADESH)

                                                                                      .....APPLICANTS
                         (BY SHRI JITENDRA MANDLOI AND SHRI AMIT SINGH SISODIYA -
                         ADVOCATES)

                         AND
                         THE STATE OF MADHYA PRADESH, THROUGH MOHAN
                         BARODIYA, DISTRICT DEWAS (MADHYA PRADESH)

                                                                                     .....RESPONDENT
                         (BY SHRI KAPIL MAHANT - PANEL LAWYER)

                               This revision coming on for direction this day, th e court passed the
                         following:
                                                           ORDER

The applicant has preferred this criminal revision under Section 397 r/w Section 401 of Code of Criminal Procedure, 1973 (in short “Cr.P.C.â€)

Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 2/7/2023 11:11:28 AM

being aggrieved by the impugned judgment of conviction and sentence dated

22/10/2013 passed by 2nd Additional Sessions Judge, Shajapur, District Shajapur (M.P.) in Criminal Appeal No.372/2013, whereby the judgment dated 03/08/2013 passed by Judicial Magistrate First Class, Shajapur, District Shajapur (M.P.) in Criminal Case No.1450/2011 has been affirmed and sentence awarded to the applicants has been reduced from 06 months RI to only fine of Rs.1,000/- under Section 323/34 of Indian Penal Code, 1860 (in short “IPCâ€) and sentence to undergo 01 year RI with fine of Rs.500/- under Section 325/34 of IPC has been maintained with usual default stipulation.

The prosecution story in brief is that on 03/10/2022 at about 12 O'clock

complainant Shyamubai and her sister-in-law (Jethani) Suganbai and daughter- in-law Mamtabai were cutting the Soybean crops in the field of her brother-in- law Ramesh. At that time, applicants / accused persons Badrilal, Kamal, Modsingh and Suresh came there and tried to stop them from cutting the Soybean crop. When the complainant Shyamubai opposed them and said that it is her brother-in-law Ramesh's field and they are in possession then Badrilal said that he has purchased the said land and thereafter, all the applicants / accused persons assaulted them, due to which Shyamubai received injuries on her hands and head and Suganbai received injury on elbow of both hands and writs and Ashok also sustained injury on his head and hand. All the accused persons abused them in filthy language and thereafter, fled away from the spot.

After completion of the investigation, charge sheet has been filed against the applicants / accused persons before the JMFC, Shajapur, who has framed the charges under Section 294, 323/34, 325/34 and 506(II) of the IPC against the applicants. The applicants abjured their guilt and took a plea that they have been falsely implicated in the instant case. The trial Court after considering the Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 2/7/2023 11:11:28 AM

submissions advanced by both the parties, scrutinized the entire evidence available on record and convicted the applicants / accused persons under Section 323/34 and 325/34 of IPC and sentenced them to undergo 06 months RI and 01 year RI with fine of Rs.500/- respectively with default stipulation.

Being aggrieved by the said conviction, the applicants have preferred a

Criminal Appeal before the 2 nd Additional Sessions Judge, Shajapur but the same was also dismissed by modifying the sentence awarded to the applicants to Rs.1,000/- in respect of Section 323/34 of IPC and maintained the sentence and fine amount awarded under Section 325/34 of the IPC. Being aggrieved by the said conviction and the sentence passed by both the Courts below, the applicants have preferred present criminal revision before this Court.

The applicants have preferred the present revision on several grounds but during the course of arguments, learned counsel for the applicants submits that he does not want to press this criminal revision on merits and is not assailing the conviction part of the judgment but he confined his argument only to the extent of quantum of sentence part. His only prayer is that imprisonment of the applicants be reduced to the period already undergone as the applicants have suffered some period of jail incarceration during the trial as well as during the pendency of the appeal. They are regularly marking their presence before the Court. They are poor persons and are not having any criminal background.

Therefore, their sentence may be reduced to the period already undergone.

Learned counsel for the respondent / State opposes the revision and prays for its rejection by submitting that both the Courts below have rightly convicted and sentenced the applicants and the sentence in question is sufficient.

Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 2/7/2023 11:11:28 AM

Heard learned counsel for both the parties and considered their arguments and perused the record and evidence produced by both the parties.

In view of the above submissions, although the conviction has not been challenged, but a bare perusal of the evidence available on record also justifies the judgment of conviction passed by both the Courts below.

So far as the quantum of sentence is concerned, the submissions made by the learned counsel for the applicants appears to be just and proper. The applicant No.1 Badrilal has already suffered jail incarceration from 22/10/2013 to 26/11/2013 and the remaining applicants have suffered jail incarceration from 22/10/2013 to 11/12/2013 during the trial as well as during the pendency of the appeal. They are not having any criminal background. They are facing trial since 2011. Therefore, it would be appropriate to reduce the jail sentence awarded to them.

Considering the aforesaid, I deem it proper to reduce the jail sentence of all the applicants to the period already undergone by them. The sentence awarded to the applicants by the Courts below is modified to the aforesaid extent and the amount of fine imposed by Courts below is hereby affirmed.

Consequently, the present criminal revision is partly allowed to the extent as indicated above. The applicants are on bail. Their bail bonds and sureties stand discharged. Disposal of the property shall be as per the order of the trial Court.

Let a copy of this order along with record of both the Courts below be sent back to the concerned Courts for information and necessary compliance.

Certified copy as per rules.

Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 2/7/2023 11:11:28 AM

(ANIL VERMA) JUDGE Tej

Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 2/7/2023 11:11:28 AM