Siyaram vs State Of M.P.
2023 Latest Caselaw 1333 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. 673 of 2009

                          BETWEEN:-
                          1.    SIYARAM S/O S/O SIYARAM , AGED ABOUT 41
                                Y E A R S , OCCUPATION:             R/O
                                VILL.BHITARGAWAN,P.S.PICHHORE
                                DISTT.SHIVPURI (MADHYA PRADESH)

                          2.    HANUMANT SINGH S/O S/O SIMMA @ SHYAMLAL
                                , AGED ABOUT 32 YEARS, OCCUPATION: R/O
                                VILL.BHATARGANWA,             P.S.PICHHOR
                                DSISTT.SHIVPURI (MADHYA PRADESH)

                          3.    KALLU @ KAMAL SINGH S/O S/O SIMMA @
                                S H YA M L A L , AGED ABOUT 28 YEARS,
                                OCCUPATION:            R/O         VILL.BHITARGANWA,
                                P. S . P I C H H O R E D I S T T. S H I V P U R I (MADHYA
                                PRADESH)

                          4.    RAMNIWAS @ NIWAS S/O S/O SIMMA , AGED
                                ABOUT      30    YEARS, OCCUPATION:    R/O
                                VILL.BHATARGANWA,             P.S.PICHHOR
                                DISTT.SHIVPURI (MADHYA PRADESH)

                                                                                            .....PETITIONERS
                          (BY MR. D.S.TOMAR - ADVOCATE)

                          AND
                          STATE OF M.P. (MADHYA PRADESH)

                                                                                            .....RESPONDENT
                          (BY MR. B.M.SHRIVASTAVA - PUBLIC PROSECUTOR)

                                This revision coming on for directions this day, th e court passed the
                          following:
                                                                ORDER

Aggrieved by the judgment of trial Court as well as appellate Court, Signature Not Verified Signed by: ALOK KUMAR Signing time: 24-Jan-23 10:29:56 AM

whereby petitioners have been convicted under Section 325/34 of IPC and sentenced to undergo two years R.I. with fine of Rs.250/-, they preferred this revision.

Learned counsel for the petitioners made submission that he does not want to press other grounds. He only wants to press on the ground of sentence. Incidence is of 14.8.2001. More than 21 years have been lapsed facing judicial process. Petitioners have remained in jail for about 7-8 days, therefore, while enhancing the fine amount suitably, sentence of the petitioners be reduced to the period already undergone by them.

Learned counsel for the State supported the impugned judgment.

Heard learned counsel for the parties and perused the record. Looking to the facts and circumstances of the case, ends of justice would meet if while reducing the jail sentence of the petitioners to the period already undergone by them, the fine is enhanced from Rs.250/- to Rs.5,000/- under Section 325 of IPC. Accordingly, while affirming the conviction of the petitioners under Section 325/34 of IPC, jail sentence of the petitioners is reduced to the period already undergone by them and fine amount is enhanced from Rs.250/- to Rs.5,000/- which shall be deposited by each of them within a period of one month from today, failing which the petitioners will have to suffer the sentence as awarded by the Courts below. The total amount of fine of Rs.20,000/- so deposited by the petitioners be given to the complainant under Section 357 of Cr.P.C. as compensation.

With the aforesaid, the revision stands disposed of.

(DEEPAK KUMAR AGARWAL) JUDGE Signature Not Verified Signed by: ALOK KUMAR Signing time: 24-Jan-23 10:29:56 AM

AKS

Signature Not Verified Signed by: ALOK KUMAR Signing time: 24-Jan-23 10:29:56 AM