Hukum Lodhi vs The State Of Madhya Pradesh
2023 Latest Caselaw 2846 MP

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                                        IN     THE       HIGH COURT OF MADHYA PRADESH
                                                              AT JABALPUR
                                                                BEFORE
                                             HON'BLE SHRI JUSTICE RAJENDRA KUMAR (VERMA)
                                                          ON THE 16 th OF FEBRUARY, 2023
                                                         CRIMINAL REVISION No. 655 of 2023

                                       BETWEEN:-
                                       HUKUM LODHI S/O NATTHU LODHI, AGED ABOUT 42
                                       Y E A R S , OCCUPATION: FARMER  R/O VILLAGE
                                       KHAIRANA, POLICE STATION AND TAHSIL REHLI
                                       DISTRICT- SAGAR (MADHYA PRADESH)

                                                                                                      .....PETITIONER
                                       (BY SHRI SOURABH SINGH THAKUR - ADVOCATE )

                                       AND
                                       THE STATE OF MADHYA PRADESH THROUGH POLICE
                                       STATION REHLI SAGAR (MADHYA PRADESH)

                                                                                                   .....RESPONDENTS
                                       (BY SHRI C.M. TIWARI         - GOVERNMENT ADVOCATE              FOR   THE
                                       RESPONDENT/STATE)

                                             This revision coming on for admission 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 petitioners being aggrieved by the judgment dated 02.02.2023 passed by the learned 2nd Additional Sessions Judge, Rehli District-Sagar in RCT No.152 of 2014 whereby the judgment dated 30.12.2021 passed by learned Judicial Magistrate First Class, Rehli, District-Sagar in RCT No. 152/2014 has been partly affirmed Signature Not Verified SAN Petitioner has been convicted under Section 323 of IPC and sentenced to a fine of Rs.200/- with default stipulation and Section 325 of IPC and sentenced Digitally signed by VAISHALI AGRAWAL Date: 2023.02.17 10:45:34 IST

to undergo R.I. for six months and fine of Rs.500/- with default stipulations vide judgment dated 30.12.2021 passed by learned JMFC, Rahli District Sagar in RCT No. 152/2014. Being aggrieved by the aforesaid judgment, petitioner has preferred an appeal before the learned 2nd Addl. Sessions Judge, Rehli, district Sagar vide Criminal Appeal No.04/2022 which was partly allowed and the judgment dated 30.12.2021 been modified to the effect that appellant has been convicted for commission of offence under Section 323 of IPC instead of Section 325 of IPC and sentenced to undergo RI for 03 months and fine of Rs.500/- with default stipulation.

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 not assails the finding part of judgment. He confines his argument on the point of sentence only and prays that since the petitioner is in custody from the date of judgment, their sentence be reduced to the period already undergone. It is further submitted that this petition be partly allowed and the sentence awarded to the petitioners be reduced to the period already undergone.

Learned Government Advocate for the respondent/State on the other hand supports the impugned judgment and prays for dismissal of this revision.

On perusal of the record, the submission of the learned counsel for the petitioner appears to be just and proper. Hence, finding force in the contentions raised by the learned counsel for the petitioner, this Court finds it expedient to partly allow this revision petition by affirming the conviction of the petitioner by reducing the sentence to the period already undergone. Signature Not Verified SAN

Accordingly, this revision petition is partly allowed and the sentence Digitally signed by VAISHALI AGRAWAL Date: 2023.02.17 10:45:34 IST

awarded to the petitioners for the offence under Sections 323 of IPC is hereby

reduced to the sentence already undergone by increasing the fine amount of Rs.1,000/- and the compensation of Rs.10,000/- to be paid to the complainant as compensation.

In view of the aforesaid modification, instant Criminal Revision is partly allowed.

Petitioner is in custody be released on depositing of fine as well as compensation amount before the trial Court, if not required in any other case.

It is made clear that if the petitioner fails to comply with the conditions as stipulated by this Court, as aforesaid, then the order of the court below shall be revived and petitioner shall suffer the jail sentence as already imposed by the trial Court.

A copy of this order be send to the concerned trial Court for necessary compliance.

C.C.as per rules.

(RAJENDRA KUMAR (VERMA)) JUDGE vai

Signature Not Verified SAN

Digitally signed by VAISHALI AGRAWAL Date: 2023.02.17 10:45:34 IST