Chhunna @ Rajbahadur vs The State Of Madhya Pradesh
2023 Latest Caselaw 3256 MP

                                                              1
                             IN    THE       HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                     BEFORE
                                  HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                              ON THE 22 nd OF FEBRUARY, 2023
                                             CRIMINAL REVISION No. 60 of 2015

                            BETWEEN:-
                            1.    CHHUNNA @ RAJBAHADUR S/O SHRI KAMTA
                                  PRASAD, AGED ABOUT 35 YEARS, OCCUPATION:
                                  AGRICULTURE    VILL.   DANG    BIRKHADI
                                  P.S.GOHAD (MADHYA PRADESH)

                            2.    JAI SINGH S/O KAMTA PRASAD, AGED ABOUT 40
                                  YEARS, GRAM DANG BIRKHADI THANA GOHAD
                                  CHOURAHA (MADHYA PRADESH)

                            3.    KANGRESH @ RAJABHAIYA S/O JAGANNATH
                                  SINGH GURJAR, AGED ABOUT 48 YEARS, GRAM
                                  DANG BIRKHADI THANA GOHAD CHOURAHA
                                  (MADHYA PRADESH)

                            4.    JODHA SINGH @ JOR SINGH S/O KALYAN SINGH
                                  GURJAR, AGED ABOUT 30 YEARS, GRAM DANG
                                  BIRKHADI THANA GOHAD CHOURAHA (MADHYA
                                  PRADESH)

                                                                                          .....PETITIONER
                            (BY SHRI MURARI LAL YADAV, LEARNED COUNSEL FOR THE
                            PETITIONERS)

                            AND
                            THE STATE OF MADHYA PRADESH INCHARGE POLICE
                            STATION GOHAD CHAURAHA DISTRICT BHIND
                            (MADHYA PRADESH)

                                                                                        .....RESPONDENT
                            (BY SHRI G.P. CHAURASIA - PUBLIC PROSECUTOR)

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

Heard on IA no. 12483/2022 an application filed for deletion of appellant Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 2/23/2023 10:35:19 AM

No.4 Jodha singh on the array of appellants.

Considered and allowed.

The counsel for the appellants is directed to delete the name of appellant No.4 from the array of appellants memo within four working days.

This criminal revision under Section 397, 401 of Cr.P.C. has been filed by the revisionist assailing the Judgment dated 17.01.2015 passed in Criminal Appeal No. 273/2013 by Second Additional Sessions Judge to the Court of Sessions Judge Gohad by which the judgement dated 02.08.2013 passed in Case No. 1136/2008 by Judicial Magistrate First Class Gohad District Bhind has been affirmed.

In brief, facts of the case are that, learned trial Court vide its judgment dated 17.01.2015 convicted the petitioners for the offence under Section 324/34 of IPC and sentenced them to undergo 1 years RI(each) with fine of Rs.300/- (each). As per allegation against the present petitioners is that petitioners on 15.10.2006 complainant lodged FIR at Police Station Gohad Chauraha District Bhind that petitioners fired in air and with common intention in pursuance of that petitioners assaulted farsa on the complainant on the right side of his head. Therefore, on the aforesaid incident, crime No. 181/2006 was registered. Trial Court convicted the petitioners for the offence punishable under Section 324/34 and sentenced them to undergo 1-1 years each rigorous imprisonment with the fine of Rs. 300/- each. The petitioners 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 2015 and about more than 7 years has been passed. In these situation, they does not want to press their petition on merits. It is submitted that in lieu of

Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 2/23/2023 10:35:19 AM

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 17.01.2015, about 7 years has been passed, in these situation, in lieu of sentence of 1 years imposed under Section 324/34 of IPC is reduced to the period already undergone by them, enhancing the fine amount from Rs.300/- to Rs.5,000/- (each) 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: VIJAY TRIPATHI Signing time: 2/23/2023 10:35:19 AM