Babulal @ Ramdayal vs State Of M.P.
2023 Latest Caselaw 492 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. 310 of 2010

               BETWEEN:-
               1.          BABULAL @ RAMDAYAL S/O GHASILAL , AGED
                           ABOUT 37 YEARS, R/O KITARRA, P.S.BAMORI,
                           DISTT.GUNA (MADHYA PRADESH)

               2.          MOHAN S/O GHASILAL , AGED ABOUT 34 YEARS,
                           CASTE:BANJARA, R/O VILL.KITRRA, P.S.BAMORI,
                           DISTT.GUNA (MADHYA PRADESH)

                                                                                  .....PETITIONERS
               (BY SHRI BRIJENDRA SINGH GOUR- ADVOCATE )

               AND
               STATE OF M.P. THROUGH POLICE STATION BAMORI,
               DISTT. GUNA (MADHYA PRADESH)

                                                                                 .....RESPONDENT
               (BY SHRI ANIL SHUKLA - PUBLIC PROSECUTOR )

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

This revision has been filed by the petitioner against the judgment dated 6.4.2010 passed by the 4th Additional Sessions Judge (Fast Track), Guna, in Criminal Appeal No.342/2009 whereby appeal of the petitioners has been partly allowed and while affirming the conviction of the petitioners under Section 325 / 325/34 of IPC their sentence is reduced from 1 year to six month as passed by Signature Not Verified JMFC, Guna, on 10.11.2009 in Criminal Case No.1659/2007. Signed by: MADHU SOODAN PRASAD Signing time: 10-01-2023 09:54:16 AM Brief facts necessary for disposal of this revision are that petitioners

assaulted on complainant with iron rod and Lathi due to which he suffered fracture of mandible. Offence was registered. Petitioners were arrested. After investigation, charge-sheet has been filed. Trial was conducted. After trial, petitioners were convicted under Section 325 /325/34 of IPC and sentenced to undergo 1 year RI with fine of Rs.500/-. Being aggrieved by the aforesaid, petitioners preferred appeal which was partly allowed and their sentence was reduced from 1 year to 6 months.

Learned counsel for the petitioners/accused submitted that he does not want to challenge the conviction of the petitioners for the aforesaid offence. As regards sentence, it is submitted by learned counsel for the petitioners that

incident took place on 22.6.2007. They are facing agony of trial for the last 15 years. Therefore, while enhancing the fine amount suitably, sentence of the petitioners be reduced to the period already undergone by them.

Learned counsel for the State supported the impugned judgment. Heard learned counsel for the parties and perused the record. 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.500/- to Rs.5,000/- under Section 325 / 325/34 of IPC. Accordingly, while affirming the conviction of the petitioners under Section 325 / 325/34 of IPC, jail sentence of the petitioners is reduced to the period already undergone by them and fine amount is enhanced from Rs.500/- to Rs.5,000/- each which shall be deposited by them within a period of one month from today, failing which the petitioners will have to suffer the sentence as awarded by the Courts below. The amount of Signature Not Verified fine so deposited by the petitioners be given to the complainant under Section Signed by: MADHU SOODAN PRASAD Signing time: 10-01-2023 09:54:16 AM 357 of Cr.P.C. as compensation.

With the aforesaid, the revision stands disposed of.

(DEEPAK KUMAR AGARWAL) JUDGE ms/-

Signature Not Verified Signed by: MADHU SOODAN PRASAD Signing time: 10-01-2023 09:54:16 AM