Ghanshyam vs State Of M.P.
2023 Latest Caselaw 3482 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. 823 of 2010

BETWEEN:-
1.    GHANSHYAM S/O S/O MOHAN KUSHWAH , AGED
      ABOUT 34 YEARS, OCCUPATION: MAJDOORI, R/O
      KHADRI MOHALLA PILI KOTHI KE PAS, DATIA
      (MADHYA PRADESH)

2.    BALLU @ HEERALAL S/O S/O MOHAN KUSHWAH ,
      AGED ABOUT 24 YEARS, OCCUPATION: R/O
      KHADRI MOHALLA,PILI KOTHI KE PASS DATIA
      (MADHYA PRADESH)

3.    RAJU S/O S/O MOHAN KUSHWAH , AGED ABOUT
      26 YEARS, OCCUPATION: MAJDURI,R/O KHADRI
      MOHALLA,PILI KOTHI KE PASS DATIA (MADHYA
      PRADESH)

                                                              .....PETITIONERS
(BY SHRI DEEPAK SHRIVASTAVA - ADVOCATE)

AND
STATE OF M.P. (MADHYA PRADESH)

                                                             .....RESPONDENTS
(BY SHRI KAUSHALENDRA SINGH - PUBLIC PROSECUTOR)

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

Petitioners have filed this revision aggrieved by the judgment of trial Court which was affirmed by appellate Court.

Learned counsel for the petitioners does not want to press this petition on law point and prays that in lieu of sentence fine should be enhanced.

In brief case of the prosecution is that learned trial Court by its judgment dated 30.06.2010 convicted the accused persons for offence under Section 325/34 of IPC and sentenced them to undergo R.I. for one year each with fine of Rs.1000/- each and further convicted under Section 323/34 of IPC with fine of Rs.500/- each and till rising of the Court. Aggrieved by the judgment, the petitioners preferred an appeal before the appellate Court, who dismissed their appeal.

Incidence is of the year 2006. 17 years have been lapsed facing judicial process.

Learned counsel for the State supported the impugned judgment.

Heard learned counsel for the parties and perused the record. In view of the arguments advanced by the counsel for the petitioners and after perusing the record, the incident is of the year 2006, about 17 years have been passed, in these situation, in lieu of sentence of one year imposed under Section 325 of IPC is reduced to the period already undergone by them, enhancing the fine amount from Rs.1000/-each - to Rs.10,000/- each and in lieu of fine of Rs.500/- each, enhancing the fine amount from 5000/-each, which shall be paid to the 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 petitioners shall undergo the original sentence awarded by the trial Court. The petitioners are on bail, in case the fine amount is deposited by them, their bail bonds stands discharged.

With the aforesaid, the revision stands disposed of.

(DEEPAK KUMAR AGARWAL) JUDGE mani

SUBASRI MANI 2023.02.28 10:31:18

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