Pradeep vs The State Of Madhya Pradesh
2023 Latest Caselaw 3346 MP

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           IN THE HIGH COURT OF MADHYA PRADESH
                        AT GWALIOR
                                        BEFORE
         HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                        ON THE 23rd OF FEBURARY, 2023

                    CRIMINAL REVISION NO.833 OF 2023

       BETWEEN:-

       PRADEEP    S/O   SHRI   KAILASH   SINGH
       RAGHUVANSHI, AGED 32 YEARS, R/O VILLAGE
       HINOTIYA.    POLICE   STATION-   MYANA,
       DISTRICT- GUNA (MADHYA PRADESH)

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

       AND

       STATE OF MADHYA PRADESH THROUGH
       POLICE STATION- AJK, DISTRICT- GUNA
       (MADHYA PRADESH)

                                                                     ........RESPONDENT

       (BY SHRI C.P. SINGH - PANEL LAWYER)

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       This petition coming on for orders this day, the Court passed the
following:
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                                         ORDER

This revision under Section 397/401 of Cr.P.C. has been filed by the petitioner against the judgment dated 04/01/2022 passed by 1 st Additional Sessions Judge, District- Guna (M.P.) in Criminal Appeal No.1800223/2016,

affirming the order dated 03/02/2014 passed in Criminal Case No.1410/2013 by JMFC, District- Guna (M.P.), whereby the petitioner has been convicted and sentenced as under:-

Section Sentence Fine (Rs.) Default Stipulation 341 of IPC - 100/- -

325 of IPC 6 Months RI 1,000/- 15 days' RI Learned counsel for the petitioner submits that incident is of the year 2013 and more than 9 years have lapsed. Learned counsel for the petitioner confined his argument only to the point of sentence and prays that the sentence awarded to him be modified to the extent that period already undergone by him would be sufficient to meet the ends of justice.

Learned counsel for the respondent/State while opposing the petition has submitted that the learned trial Court as well as Appellate Court have arrived on the appropriate findings and rightly passed the impugned judgments of conviction and sentence.

Looking to the facts and circumstances of the case, ends of justice would meet if while reducing the jail sentence of the petitioner to the period already undergone by him, the fine is enhanced to Rs.10,000/- (for both the offences) in addition to the fine imposed by the trial Court. Accordingly, while affirming the conviction of the petitioner under Section 341 of IPC and Section 325 of IPC, jail sentence of the petitioner is reduced to the period already undergone by him but fine amount is enhanced as mentioned above which shall be deposited by him within a period of one month from today, failing which the petitioner will have to suffer the complete sentence as awarded by the Courts below. The amount of fine so deposited by the petitioner be given to the complainant under Section 357 of Cr.P.C on due verification of identity of the complainant.

In view of the above, this revision is disposed of. Certified copy as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE RAHULrahul SINGH Digitally signed by RAHUL SINGH PARIHAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab676d0cde4dee473

PARIHAR fe77953f5, pseudonym=68E0B84BAE73376CD071289B3D9FE728CE00D487, serialNumber=0275C4F803F94C47998BE5C534E21BDED910FD4AB9D159B5 5575E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2023.02.24 14:49:41 +05'30'