Bishan Singh vs State Of M.P.
2023 Latest Caselaw 461 MP

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     IN THE HIGH COURT OF MADHYA PRADESH
                  AT GWALIOR
                            BEFORE
     HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                ON THE 9th OF JANUARY, 2023

            CRIMINAL REVISION NO.568 OF 2008

     BETWEEN:-

1.   BISHAN SINGH, S/O KANHAIYYARAM
     KUSHWAHA, AGED 27 YEARS, R/O
     VILLAGE BANIYAI, POLICE STATION-
     ASHOKNAGAR, DISTRICT- ASHOKNAGAR
     (MADHYA PRADESH)

2.   PAPPU, S/O RAMCHARAN, AGED 32
     YEARS, R/O VILLAGE BANIYAI, POLICE
     STATION-   ASHOKNAGAR,   DISTRICT-
     ASHOKNAGAR (MADHYA PRADESH)

3.   SURESH,    S/O     KANHAIYYARAM
     KUSHWAHA, AGED 27 YEARS, R/O
     VILLAGE BANIYAI, POLICE STATION-
     ASHOKNAGAR, DISTRICT- ASHOKNAGAR
     (MADHYA PRADESH)


                                             ........PETITIONERS
     (BY SHRI RAJIV JAIN - ADVOCATE)

     AND

     STATE OF MADHYA PRADESH THROUGH
     POLICE    STATION-  ASHOKNAGAR,
     DISTRICT-  ASHOKNAGAR    (MADHYA
     PRADESH)


                                             ........RESPONDENT

     (BY SHRI B.M. SHRIVASTAVA- PUBLIC PROSECUTOR)
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       This revision coming on for orders this day, the Court passed the
following:
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                                      ORDER

This revision is pending since 2008. This revision has been filed by the petitioners against the judgment dated 19/08/2008 passed by 1 st Additional Sessions Judge, District- Ashoknagar (M.P.) in Criminal Appeal No.267/2008, affirming the order dated 25/06/2008 passed in Criminal Case No.315/2005 by JMFC, Ashoknagar, District- Ashoknagar (M.P.), whereby the petitioners have been convicted and sentenced as under:-

              Section              Sentence          Fine (Rs.)           Default
                                                                       Stipulation
325/34 of IPC (two counts) 1 Year RI                   1,00/-          15 Days RI

Learned counsel for the petitioners submits that incident is of the year 2004 and more than 18 years have lapsed. Learned counsel for the petitioners confined his argument only to the point of sentence and prays that the sentence awarded to them modified to the extent that period already undergone by them would be sufficient to meet the ends of justice.

Learned counsel for the respondent/State while opposing the petition has submitted that the learned trial Court as well as Appellate Court have arrived on the appropriate findings and rightly passed the impugned judgments of conviction and sentence.

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 from Rs.100/- to Rs.3,000/- each for the offence under Section 325/34 of IPC. Accordingly, while affirming the conviction of the petitioners under Section 325/34 of IPC, jail sentence of the petitioners is reduced to the period already undergone by them but fine amount is enhanced from Rs.1,00/- to Rs.3,000/- each which shall be deposited by them within a period of one month from today, failing which the petitioners will have to suffer the complete sentence 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 on due verification of identity of the complainant.

In view of the above, this appeal is finally disposed of. Certified copy as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

rahul Digitally signed by RAHUL SINGH PARIHAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab676d0c de4dee473fe77953f5, pseudonym=68E0B84BAE73376CD071289B3D9FE728CE00D487, serialNumber=0275C4F803F94C47998BE5C534E21BDED910FD4A B9D159B55575E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2023.01.11 17:26:45 +05'30'