Dinesh vs The State Of Madhya Pradesh
2023 Latest Caselaw 46 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. 577 of 2014

                           BETWEEN:-
                           1.    DINESH S/O AMARSINGH, AGED ABOUT 28
                                 YEARS, OCCUPATION: LABOUR R/O VILL. RICHI /
                                 NANASA TEH. KANNOD DISTT. DEWAS (MADHYA
                                 PRADESH)

                           2.    SMT. URMILABAI W/O DINESH, AGED ABOUT 22
                                 YEAR S , OCCUPATION: LABOUR R/O NANASA,
                                 TEHSIL KANNOD DIST. DEWAS (MADHYA
                                 PRADESH)

                           3.    SMT. AYODHYA W/O KALURAM, AGED ABOUT 65
                                 YEAR S , OCCUPATION: LAOBUR R/O NANASA,
                                 TEHSIL KANNOD DIST. DEWAS (MADHYA
                                 PRADESH)

                                                                                        .....PETITIONERS
                           (BY SHRI VIKAS YADAV - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH STATION HOUSE
                           OFFICER THR.PS. KHATEGOAN DISTT. DEWAS
                           (MADHYA PRADESH)

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

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

The present Criminal Revision is filed by the applicant under Section 397 r/w Section 401 of the Cr.P.C being aggrieved by the judgment passed by A.S.J, Khategaon, District - Dewas in Criminal Appeal No. 44/2011 on Signature Not Verified Signed by: SOURABH YADAV Signing time: 03-01-2023 18:14:46

12/05/2014, wherein the appellate Court has partly allowed the appeal filed by the petitioners and acquitted them under Section 341 of the IPC and affirmed the conviction and sentence u/s 325/34 of IPC passed by JMFC, Khategaon in Criminal Case No.337/2007 on 2/2/2011 wherein the petitioners were found guilty for offence under Section 341, 325/34 of IPC and sentence to undergo one year R.I, with fine of Rs. 1000/- each and in default of payment of fine they will suffer further R.I for 6 months and u/s 341 of the IPC imposed fine of Rs. 200/- each and in default of payment of fine they were directed to suffer 7 days additional R.I.

The prosecution case is that on 20/4/2007 at about 8 PM when the

complainant Dalsingh was going to the jungle for searching his cow, he reached near the house of Dinesh, he caught hold by Dinesh. His wife and his mother-in- law caused injury by means of lathi on his legs and back and Dinesh also caused injury on his head. When he cried Mamtabai and Khuman Singh came on the spot and saved him. All the accused persons were abusing him and threatened him. On the basis of the report Crime No.152/2007 has been registered against the petitioners u/s 341, 323, 506/34 and after registration of the FIR injured Dalsingh has been examined by the doctor and in the X-ray report fracture has been found in his leg. Thus, an offence under Section 325 of IPC has been added and after due investigation charge-sheet has been filed.

Counsel for the applicant submits that the incident had taken place in year 2007 and the petitioners have undergone sentence of about 17-18 days and no purpose would be served by sending them to jail after such a long period. It is further submitted that the petitioners were on bail during trial and their sentence was also disposed off during the pendency of appeal. During this period they had maintained good crime record and relations with the complainant. He Signature Not Verified Signed by: SOURABH YADAV Signing time: 03-01-2023 18:14:46

further submits that instead of jail sentence, fine amount may be increased.

After hearing learned counsel for the parties and taking into consideration that the incident had taken place in year 2007 and the petitioners were granted bail and sentence was suspended, I am of the view that no purpose would be served sending them to jail after such long period. Accordingly, the conviction of the petitioners are maintained and jail sentence of the applicants is reduced to the period already undergone. The fine amount is enhanced by Rs. 3000/- each. The said amount shall be deposited before the Trial Court within period of one month from the release of the petitioners , failing which the petitioners shall be taken into custody and shall serve a S.I for one month. The deposited amount shall be paid to the complainant Dalsingh.

With the aforesaid, the Revision Petition is partly allowed and disposed off.

The bail bonds shall stand discharged, after deposit of fine amount.

(VIJAY KUMAR SHUKLA) JUDGE Pramod

Signature Not Verified Signed by: SOURABH YADAV Signing time: 03-01-2023 18:14:46