Abdul Sharif vs The State Of Madhya Pradesh
2023 Latest Caselaw 308 MP

                             :1:

     IN THE HIGH COURT OF MADHYA PRADESH
                  AT I N D O R E
                              BEFORE
       HON'BLE SHRI JUSTICE SUBODH ABHYANKAR

                  ON THE 5th OF JANUARY, 2023

              CRIMINAL REVISION No. 1164 of 2022

BETWEEN:-
ABDUL SHARIF S/O SHAMI ANSARI, AGED
ABOUT 30 YEARS, OCCUPATION: NIL MOTI
MASJID KAAZI BAAG, BIAORA (MADHYA
PRADESH)
                                                      .....PETITIONER
(SHRI AMIT RAVAL, LEARNED COUNSEL FOR THE PETITIONER)


AND
THE STATE OF MADHYA PRADESH
STATION HOUSE OFFICER THROUGH
POLICE STATION KURAWAR, DISTRICT-
RAJGARH (MADHYA PRADESH)
                                                    .....RESPONDENTS
( SHRI S. S. THAKUR, COUNSEL APPEARING ON BEHALF OF ADVOCATE
GENERAL)

      This revision coming on for orders this day, the court passed the

following:

                               ORDER

1] This revision petition under Section 397 read with Section 401 of

Code of Criminal Procedure, 1973 has been preferred against the judgment dated 14.3.2022, passed by the learned First Additional Sessions Judge Narsingarh, District-RAjgarh (M.P.) in Criminal Appeal No.1445/2019 thereby the learned Judge has affirmed the judgment dated 05.9.2019, passed in Criminal Case CNR No.MP 39070002722016/2016 (R.C.T./300181/2016 by the learned Judicial Magistrate, First Class, Narsingarh, District-Rajgarh (M.P.), whereby the petitioner was found guilty for offences punishable under Sections 279, 337 & 338 of the I.P.C. and sentenced to undergo simple imprisonment for 2 months, one month and six months respectively, with fine of Rs.1,000/-, 500/- and Rs.1,000/- respectively. 2] Brief facts of the prosecution case is that on 02.02.2016, complainant Ashok Kumar lodged a complaint at police station Kurawar, District-Rajgarh that the complainant, along with Lokesh was going to Nazirabad on his motorcycle and on another motorcycle injured Anil Saxena and Vinod Saxena were also going to Nazirabad and when they reached between village Jhadla joint and Jamoniya Dhaba at that time, the bus bearing No. M.P.04-P.A.-2574 which was being driven by the petitioner, dashed the motorcycle of Anil Saxena from behind, due to which, Anil Saxena and Vinod Saxena fell down and Anil Saxena suffered injuries on his left leg and was also fractured. On the basis of the report, the Police registered FIR at Crime No.40/2016 under Sections 279, 337 and 338 of the IPC. Thereafter, Police seized the vehicle and prepared a spot map and

arrested the petitioner and after completing the investigation, charge sheet was filed against him. During the course of the trial, the petitioner abjured the guilt and was therefore, put to trial. On considering the evidence adduced by the prosecution, the learned courts below found the petitioner guilty of the above offence and sentenced him as mentioned herein above which has been affirmed by the Appellate court.

3] Counsel for the petitioner has submitted that the injured has not suffered any serious injuries and the petitioner has already undergone one month and twelve days of incarceration. and there is no other criminal case registered against him and the sentence awarded to him on higher side. Counsel has drawn attention of this Court to para 4 of the injured P.w.2/Anil Saxena, who has admitted that at the time of the incident, one side of the road was closed due to which the incident has taken place. It is also submitted that there is no other criminal case registered against him and the sentence awarded to him on higher side. In such circumstance, it is submitted that the jail sentence of the petitioner may be reduced to the period already undergone by him. 4] Counsel for the State, on the other hand, has opposed the prayer and it is submitted that no error has been committed by the courts below in convicting the petitioner and as such no interference is called for.

5] On due consideration of the rival submissions, and on perusal of the record, this Court is of the opinion that so far as the appreciation

of evidence is concerned, no illegality has been committed by the courts below. However, considering the fact that the case involves an accidental injury and there are no criminal antecedents of the petitioner, although this Court upholds the conviction of the petitioner for offence punishable under Sections 379, 337 & 338 of the IPC, however, the sentence awarded to the petitioner cannot alleviate the suffering of the complainant who has suffered fracture on his left leg. In the considered opinion of this court, a sentence has to maintain the balance between the public interest, punishment inflicted on the accused, as also the compensation which can be awarded to the victim which can assuage some of his sufferings. Thus, to make the sentence more meaningful, in the considered opinion of this court, the custodial sentence of the petitioner can be reduced to the period already undergone, however, the fine amount can be further enhanced for Rs. 279, 337 & 338 respectively from Rs.1,000/-, 500/- and Rs.1,000/- respectively to Rs.10,000/-, 5000/- and Rs.10,000/- respectively [total amount Rs.25,000/- (Rupees Twenty Five Thousand only)] which shall be deposited before the concerned trial Court within a period of one month from the date of receipt of this order, and the amount so deposited by the petitioner shall be paid to the complainant Anil Saxena by the Trial Court as compensation within a period of one month from the date of deposit. On failure to deposit the amount, this order shall stand cancelled without reference to this court and the petitioner shall undergo the remaining sentence as

directed by the District Appellate Court.

6] In the result, the revision petition is allowed in part to the extent herein above indicated. The petitioner is on bail; his bail bond and surety bond are hereby discharged.

7] A copy of this order be sent to the concerned trial Court for compliance.

Certified copy, as per rules.

( SUBHODH ABHYANKAR) JUDGE

moni

MONI Digitally signed by MONI RAJU DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH INDORE, ou=JUDICIAL, postalCode=452001, st=Madhya Pradesh, 2.5.4.20=6fb601f03d4083a3289219d85392bac3bde1be 8a53bd80aeba7af5a5244844c1,

RAJU pseudonym=85E21E23646B47526A49E99D9182D0AE8 ABD62D1, serialNumber=3BFD07BEC0C790E4AEA8CB122D629549 D1067813B2AE8FB016F1BF08EE881126, cn=MONI RAJU Date: 2023.01.09 14:20:32 +05'30'