Naval Singh vs State Of M.P.
2023 Latest Caselaw 1332 MP

                                   1
 IN     THE       HIGH COURT OF MADHYA PRADESH
                        AT GWALIOR
                          BEFORE
       HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                     ON THE 23 rd OF JANUARY, 2023
                  CRIMINAL REVISION No. 380 of 2007

BETWEEN:-
NAVAL SINGH S/O S/O KARAN SINGH MIRTHA , AGED
ABOUT 41 YEARS, OCCUPATION: AGRICULTURE R/O
GRAM KHURDAPAR THANA CHINOR, DISTT. GWALIOR
(MADHYA PRADESH)

                                                                .....PETITIONER
(SHRI PRASOON MAHESHWARI
-ADVOCATE)

AND
STATE OF M.P. THROUGH POLICE ARAKSHI KENDRA
CHINNORE DISTT. GWALIOR (MADHYA PRADESH)

                                                             .....RESPONDENTS
( SHRI G.P.CHAURASIA -PUBLIC PROSECUTOR)

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

This revision petition has been filed by the petitioner under Section 397 of Cr.P.C. being aggrieved by the judgment of trial Court as well as appellate Court passed on 04.10.2005 and 7.4.2007.

In brief, facts of the case are that, trial Court held petitioner guilty of offence punishable under Sections 504, 323/34 and 325 of IPC and sentenced to pay fine of Rs.300/-, Rs.300/-, Rs.500/- and to undergo one year RI in regard voluntarily causing grievous hurt to complainant Ramjeet. The petitioner/appellant preferred an appeal before the appellate court. The appellate

court partly allowed his appeal and maintained the conviction and sentence under Section 325 of IPC. Aggrieved by the aforesaid judgment of conviction and sentence, he preferred this revision.

Learned counsel for the petitioner made submission that he does not want to press this revision on merits and made submission that incident is of the year 1994 and about 29 years has been elapsed. The incident took place all of a sudden. In these situation, in lieu of sentence fine amount may be increased. It is further submitted that till today the petitioner remained one and half month in custody.

Heard.

Perused the record.

Looking to the facts and circumstances of the case and that incident took place about 29 years back, revision is pending since 2007, prayer of learned counsel for the petitioner is accepted and in lieu of sentence of one year imposed under Section 325 IPC is reduced to the period already undergone by him i.e. around one and half month and the fine amount is enhanced from Rs.500/- to Rs.10,000/- for petitioner which shall be paid as compensation to the complainant Ramjeet. The enhanced amount of fine shall be deposited by the petitioner before the Trial Court within a period of one months from the date of receipt of certified copy of this order. In case if the amount is not deposited within the aforesaid time, the petitioner would be required to undergo the original sentence. The appellant is on bail, in case the fine amount is deposited by him, his bail bonds shall stand discharged.

With the aforesaid modification in the sentence, the criminal revision is disposed of.

VANDANA VERMA 2023.01.24 10:08:28 -08'00'

(DEEPAK KUMAR AGARWAL) JUDGE Van