Jitendra vs The State Of Madhya Pradesh
2023 Latest Caselaw 45 MP

                                                             1
                            IN    THE       HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                    BEFORE
                                    HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                               ON THE 2 nd OF JANUARY, 2023
                                            CRIMINAL REVISION No. 551 of 2014

                           BETWEEN:-
                           1.    JITENDRA S/O HUKUMCHAND, AGED ABOUT 42
                                 YEARS, OCCUPATION: LABOUR PAWAN NAGAR
                                 NEAR BAWDI , DISTT. INDORE(MADHYA
                                 PRADESH)

                           2.    GAJENDRA S/O HUKUMCHAND, AGED ABOUT 33
                                 YEARS, OCCUPATION: LABOUR PAWAN NAGAR
                                 NR. BAWDI DIST. INDORE (MADHYA PRADESH)

                           3.    SANJAY S/O MITHOOLAL, AGED ABOUT 37 YEARS,
                                 OCCUPATION: LABOUR PAWAN NAGAR ,NR.
                                 BAWDI DIST. INDROE (MADHYA PRADESH)

                           4.    ASHOK S/O MITTOOLAL, AGED ABOUT 35 YEARS,
                                 OCCUPATION: LABOUR PAWAN NAGAR NR.
                                 BAWADI DIST. INDORE (MADHYA PRADESH)

                                                                                         .....PETITIONERS
                           (BY SHRI M.S. CHOUHAN - ADVOCATE)

                           AND
                           THE  STATE   OF   MADHYA   PRADESH                DISTT.
                           MAGISTRATE INDORE (MADHYA PRADESH)

                                                                                        .....RESPONDENT
                           (BY SHRI MUKESH SHARMA - G.A.)

                                 T h is revision coming on for orders this day, t h e cou rt passed the
                           following:
                                                              ORDER

The present petition is filed u/s.397/401 of the Cr.P.C being aggrieved by the judgment passed by the Addl. Sessions Judge, Indore in Cr.A.

Signature Not Verified Signed by: VARGHESE MATHEW Signing time: 03-01-2023 10:37:15

No.631/2012 dated 6.5.2014 maintaining the sentence of the applicants u/Ss.325/34 where the trial court has convicted the applicants in Criminal Case No.455/2008 dated 4.9.2012 for commission of offence u/S.325/34 of IPC for a period of three years RI each with fine of Rs.1,000/- each in default of payment of fine two months additional SI.

According to the prosecution story, on 20.9.1997 the complainant Meena lodged a report against the applicants that the accused persons came to the complainant's house and abused him, thereafter he stopped them to abuse him but the accused Jitendra inflicted injury by stick and Gajendra inflicted injury by hockey stick. Thereafter two persons Kalu and cleaner intervened the

dispute but accused Ashok inflicted injury by sword to cleaner and Sanjay inflicted injury to Kalu by stick.

Counsel for applicants submitted that applicants No.1 to 3 had already undergone eight months jail sentence and the applicant No.4 Ashok had undergone jail sentence for a period of 13 months. The incident had taken place in the year 1997 and no purpose would be served sending the applicants in jail. The applicants were on bail during trial and their sentence was also suspended during the appeal and revision. He further submits that instead of sending them to jail the fine amount may be enhanced which may be directed to be paid to the victim.

After hearing learned counsel for parties and taking into consideration the fact that the incident had taken place in the year 1997 and the applicants were granted bail by the trial court and thereafter their jail sentence remained suspended, in the interest of justice, I consider it appropriate to modify the sentence to the period already undergone by the applicants by maintaining the conviction and the fine amount is enhanced by Rs.5000/-. The fine amount Signature Not Verified Signed by: VARGHESE MATHEW Signing time: 03-01-2023 10:37:15

shall be deposited by the applicants before the trial court and the said amount shall be paid to the victims by the trial court. The fine amount already deposited by the applicants shall be adjusted. The bail bonds of the applicants shall be discharged after deposit of the fine amount. In the event of failure to deposit the fine amount, the applicants shall undergo jail sentences as per the order passed by the appellate court.

With the aforesaid, the revision is partly allowed and disposed off.

(VIJAY KUMAR SHUKLA) JUDGE VM

Signature Not Verified Signed by: VARGHESE MATHEW Signing time: 03-01-2023 10:37:15