Rajesh vs State Of M.P.
2023 Latest Caselaw 1660 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. 371 of 2009

               BETWEEN:-
               1.          RAJESH S/O GANGAPRASAD BAGHEL , AGED
                           ABOUT 30 YEARS, R/O VILL.SOI THANA PHOOPH
                           DISTT.BHIND (MADHYA PRADESH)

               2.          NARESH SINGH S/O SHRI BADAN SINGH , AGED
                           ABOUT 28 YEARS, R/O VILL.SOI, P.S.PHOOPH
                           DISTT.BHIND (MADHYA PRADESH)

               3.          GAJENDRA SINGH S/O BADAN SINGH , AGED
                           ABOUT 50 YEARS, R/O VILL.SOI, P.S.PHOOPH,
                           DISTT.BHIND (MADHYA PRADESH)

                                                                                  .....PETITIONERS
               (BY SHRI M.L.YADAV- ADVOCATE )

               AND
               STATE OF M.P. THROUGH POLICE STATION PHOOPH
               DISTT. BHIND (MADHYA PRADESH)

                                                                                  .....RESPONDENT
               (BY SHRI SUSHANT TIWARI- PUBLIC PROSECUTOR FOR THE STATE )

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

This revision has been filed by the petitioners against the judgment dated 7.5.2009 passed by the 6th Additional Sessions Judge, Bhind, in Criminal Appeal No.69/2008.

Signature Not Verified Signed by: MADHU Brief facts necessary for disposal of this revision are that on 25.8.2004 SOODAN PRASAD Signing time: 31-01-2023 09:40:40 AM petitioners committed Marpeet with complainant Kishore with Lathi. Humerus

bone of left hand was found fractured. Crime was registered. Injured were sent for medical examination. After investigation, charge-sheet has been filed. Trial wa s conducted. After trial, petitioner- Gajendra has been convicted under Section 325 of IPC and directed to undergo 1 year RI with fine of Rs.1,000/-, while other petitioners have been convicted under Section 325/34 of IPC and directed to undergo 3 months RI with fine of Rs.500/-. Being aggrieved by the aforesaid, petitioners preferred appeal which was partly allowed and sentence of petitioner Gajendra has been reduced to 3 months RI.

Learned counsel for the petitioners/accused submitted that he does not want to challenge the conviction of the petitioners for the aforesaid offence. As

regards sentence, it is submitted by learned counsel for the petitioners that incident took place on 25.8.2004 and more than 18 years have elapsed. They have already suffered incarceration for about 7 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 to Rs.5,000/- under Section 325 or 325/34 of IPC. Accordingly, while affirming the conviction of the petitioners under Section 325 or 325/34 of IPC, jail sentence of the petitioners is reduced to the period already undergone by them and fine amount is enhanced to Rs.5,000/- each which shall be deposited by them within a period of one Signature Not Verified month from today, failing which the petitioners will have to suffer the sentence Signed by: MADHU SOODAN PRASAD Signing time: 31-01-2023 09:40:40 AM as awarded by the Courts below. The amount of fine 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 ms/-

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