Ramprasad vs State Of M.P.
2023 Latest Caselaw 1334 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. 657 of 2009

BETWEEN:-
RAMPRASAD S/O S/O PYARELAL KOTWAR , AGED
ABOUT 30 YEARS, OCCUPATION: R/O VILL.PADMIYAI
THANA PATHARI DISTT.VIDISHA (MADHYA PRADESH)

                                                                .....PETITIONER
(SHRI D.S.TOMAR-ADVOCATE)

AND
STATE OF M.P. (MADHYA PRADESH POLICE STATION
PATHARI, DISTRICT VIDISHA)

                                                             .....RESPONDENTS
( SHRI LOKENDRA SHRIVASTAVA -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 conviction and sentence passed by the trial Court as well as appellate Court on 30.07.2007 and 20.08.2009.

In brief, facts of the case are that, learned trial Court vide its judgment dated 30.07.2007 convicted the petitioner for the offence under Section 325 of IPC and sentenced him to undergo one year RI with fine of Rs.1000/- on the allegation that he caused voluntarily grievous hurt to Govind Singh. The petitioner/appellant preferred an appeal against the judgment before the appellate court. The appellate court set aside his appeal.

Learned counsel for the petitioner made submission that incident is of the year 2004 and about more than 18 years has been passed. In these situation, he does not want to press his petition on merits. It is further submitted that till today he remained in custody for 7-8 days. It is submitted that in lieu of sentence, fine amount may be enhanced.

In view of the arguments advanced by the counsel for the petitioner and after perusing the record, the incident took place on 09.12.2004, about more than 18 years has been passed, in these situation, in lieu of sentence of one year imposed under Section 325 IPC is reduced to the period already undergone by him i.e. 7 -8 days, enhancing the fine amount from Rs.1000/- to Rs.10,000/-

which shall be paid to complainant-Govind Singh 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 petitioner shall undergo the original sentence awarded by the trial Court. The appellant is on bail, in case the fine amount is deposited by him, his bail bonds stands discharged.

With the aforesaid modification, the revision petition stands disposed of.

(DEEPAK KUMAR AGARWAL) JUDGE Van

VANDANA VERMA 2023.01.24 10:05:52 -08'00'