Dashrath Singh vs State Of M.P.
2023 Latest Caselaw 3443 MP

                                                            1
                          IN     THE       HIGH COURT OF MADHYA PRADESH
                                                 AT GWALIOR
                                                   BEFORE
                                HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                             ON THE 27 th OF FEBRUARY, 2023
                                           CRIMINAL REVISION No. 979 of 2010

                         BETWEEN:-
                         DASHRATH SINGH S/O RATAN SINGH GURJAR
                         OCCUPATION: AGRICULTURIST RESIDENT OF VILLAGE
                         SULTANPUR,P.S.ARON, DISTRICT GUNA (MADHYA
                         PRADESH)

                                                                                          .....APPLICANT
                         (SHRI S.K.TIWARI, LEARNED COUNSEL FOR THE APPLICANT)

                         AND
                         STATE OF M.P. TH:P.S.ARON,             DISTRICT     GUNA
                         (MADHYA PRADESH)

                                                                                        .....RESPONDENT
                         (SHRI PRAMOD PACHAURI- LEARNED PUBLIC PROSECUTOR FOR THE
                         RESPONDENT- STATE)

                               This revision coming on for HEARING this day, the court passed the
                         following:
                                                             ORDER

Instant criminal revision under Section 397 read with Section 401 of CrPC has been preferred by the applicant challenging the judgment dated dated 26-11-2010 passed by Forth Additional Sessions Judge (FTC) Guna in Criminal Appeal No.272 of 2010 confirming the judgment dated 04-08-2010 passed by the Court of JMFC, Aron in Criminal Case No.370 of 2005, whereby the applicant has been convicted under Section 325 of IPC and sentenced to undergo one year RI with fine of Rs. 1,000/- with default stipulation.

At the threshold, learned counsel for the applicant submits that he does Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 3/1/2023 6:19:45 PM

not challenge the finding of conviction but he confines his argument to the quantum of sentence part only. It is contended that since occurrence has taken place as back as in the year 2005 and the applicant was never in custody either in trial or during the appeal, the applicant is a first offender and the fine amount has already been deposited by him, therefore, it is prayed that the sentence awarded to applicant for the aforesaid offence may be reduced to the period already undergone by him.

On the other hand, State Counsel opposed the contentions of counsel for applicant and submitted that there is neither any occasion to interfere with the sentence awarded to applicant nor any compassion or sympathy is called for in

the said case.

Heard counsel for the parties and perused impugned judgment as well as record.

It is not disputed that occurrence relates to year 2005 and applicant was never in custody either during trial or in appeal and he is the first offender. Thus, looking to overall circumstances and also keeping in view the fact that offence in question was committed nearly 17 years back, it will be just and proper if sentence awarded by trial Court for offence under Section 325 of IPC is reduced to the period already undergone by applicant.

Accordingly, this revision is partly allowed. While maintaining conviction for offence under Section 325 of IPC, the sentence awarded to applicant is hereby reduced to the period already undergone by him. However, sentence of fine is enhanced to Rs.15,000/- from Rs.1,000/- as awarded by trial Court. The fine amount, if any, deposited by applicant shall be adjusted in the enhance amount. A week's time from the date of receipt of copy of this order is hereby granted to deposit the aforesaid fine amount and the same shall be Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 3/1/2023 6:19:45 PM

payable to the complainant/ victim/ injured by way of compensation, failing which the applicant shall undergo further one month imprisonment, as awarded by the learned trial Court. Applicant is on bail, his bail bonds stands discharged.

Let a copy of this order along with record of trial Court be sent back forthwith.

(DEEPAK KUMAR AGARWAL) JUDGE MKB

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 3/1/2023 6:19:45 PM