Badri Sansi vs State Of M.P.
2023 Latest Caselaw 1659 MP

                                                       1
                 IN         THE       HIGH COURT OF MADHYA PRADESH
                                            AT GWALIOR
                                              BEFORE
                           HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                         ON THE 30 th OF JANUARY, 2023
                                      CRIMINAL REVISION No. 715 of 2010

               BETWEEN:-
               BADRI SANSI S/O RAMRAT SANSI , AGED ABOUT 50
               YEARS, R/O NAI BASAT, MUNAGAOLI, DISTT.
               ASHOKNAGAR

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

               AND
               STATE OF M.P. THROUGH POLICE                         STATION
               G.R.P.GUNA (MADHYA PRADESH)

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

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

This revision has been filed by the petitioner against the judgment dated

30.8.2010 passed by the 1st Additional Sessions Judge, Guna, in Criminal Appeal No.41/2010 affirming the the judgment dated 18.1.2010 passed by the JMFC, Guna, in Criminal Case No.3282/2007 convicting the petitioner for the offence punishable under Section 379 of IPC with six months RI and fine of Rs.500/-

Brief facts necessary for disposal of this revision are that on 4.12.2007 Signature Not Verified petitioner committed theft of one suitcase of the complainant in train. Crime was Signed by: MADHU SOODAN PRASAD registered. After investigation, charge-sheet has been filed. Trial was conducted. Signing time: 31-01-2023 09:40:40 AM

After trial, petitioner has been convicted and sentenced as aforesaid. Being aggrieved by the aforesaid, petitioner preferred appeal which was dismissed.

Learned counsel for the petitioner/accused submitted that he does not want to challenge the conviction of the petitioner for the aforesaid offence. As regards sentence, it is submitted by learned counsel for the petitioner that incident took place on 4.12.2007 and more than 15 years have elapsed. Petitioner has already suffered incarceration for about 42 days. Therefore, while enhancing the fine amount suitably, sentence of the petitioner 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 petitioner to the period already undergone by him, the fine is enhanced to Rs.5,000/- under Section 379 of IPC. Accordingly, while affirming the conviction of the petitioner under Section 379 of IPC, jail sentence o f the petitioner is reduced to the period already undergone by him and fine amount is enhanced to Rs.5,000/- which shall be deposited by him within a period of one month from today, failing which the petitioner will have to suffer the sentence as awarded by the Courts below. The amount of fine so deposited by the petitioner be given to the complainant under Section 357 of Cr.P.C. as compensation.

With the aforesaid, the revision stands disposed of.

Signature Not Verified
                                                                  (DEEPAK KUMAR AGARWAL)
Signed by: MADHU
SOODAN PRASAD                                                              JUDGE
Signing time: 31-01-2023
                ms/-
09:40:40 AM





Signature Not Verified
Signed by: MADHU
SOODAN PRASAD
Signing time: 31-01-2023
09:40:40 AM