Mangal Singh vs State Of M.P.
2023 Latest Caselaw 487 MP

                                1
 IN    THE       HIGH COURT OF MADHYA PRADESH
                       AT GWALIOR
                         BEFORE
      HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                    ON THE 9 th OF JANUARY, 2023
                 CRIMINAL REVISION No. 708 of 2006

BETWEEN:-
1.    MANGAL SINGH S/O S/O BALARAM , AGED
      ABOUT 52 YEARS, OCCUPATION: R/O GRAM
      BAMORE,    TEH.  BASODA DISTT. VIDISHA
      (MADHYA PRADESH)

2.    BHAGWAN SINGH S/O S/O NAND LAL , AGED
      ABOUT 48 YEARS, OCCUPATION: R/O GRAM
      BAMORI,    HASANPUR, THANA GULAB GANJ,
      DISTT.VIDISHA (MADHYA PRADESH)

3.    DURG SINGH S/O S/O NANDLAL MAINA , AGED
      ABOUT 33 YEARS, OCCUPATION: R/O GRAM
      BAMORI, HASANPUR, THANA GULAB GANJ,
      DISTT.VIDISHA (MADHYA PRADESH)

                                                          .....PETITIONER
BY SHRI DINESH SINGH TOMAR- ADVOCATE

AND
STATE OF M.P. (MADHYA PRADESH)

                                                       .....RESPONDENTS
( BY SHRI G.P.CHAURASIA
- PUBLIC PROSECUTOR

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

As per Registry note dated 14.12.2021, trial Court record has been destroyed.

Heard on the revision.

Learned counsel for the petitioners made submission that co-accused

appeal was admitted by the appellate Court. His appeal was partly allowed and in place of jail sentence he was punished with fine of Rs.500/- for offence under Section 323/34 and Rs.2000/- for offence under Section 325/34 of IPC till rising of Court, but remaining accused petitioners Mangal, Bhagwan Singh and Durg Singh appeal was dismissed.

Record has been destroyed. Incident is of 26.04.2005. The impugned judgment was passed on 18.08.2006 and sentence of the petitioners was suspended by this Court on 28.08.2006. They remained about 10 days in custody.

Looking to the facts and circumstances of the case and the fact that they

were sentenced for commission of offence under Section 323/34 for 3-3 months RI with fine of Rs.500/- and under Section 325/34 for 7-7 months RI with fine of Rs.800/-, revision petition is partly allowed and sentence passed by the trial Court as well as appellate Court is amended. Petitioners in place of aforesaid punishment are directed to pay fine of Rs.500-500/- each for offence under Section 323/34 and under Section 325/34 fine of Rs 2000-2000/- each along with sentence already undergone by them. Aforesaid amount by way of compensation be paid to the complainant Kaluram.

Criminal Revision is disposed of with the aforesaid.

(DEEPAK KUMAR AGARWAL) JUDGE Van

VANDANA VERMA 2023.01.09 17:53:05 -08'00'