Devisingh vs The State Of Madhya Pradesh
2023 Latest Caselaw 509 MP

                                                           1
                           IN    THE      HIGH COURT OF MADHYA PRADESH
                                                AT GWALIOR
                                                      BEFORE
                                       HON'BLE SHRI JUSTICE ATUL SREEDHARAN
                                              ON THE 9 th OF JANUARY, 2023
                                           CRIMINAL REVISION No. 29 of 2008

                          BETWEEN:-
                          1.    DEVISINGH S/O S/O HARNAM SINGH,CASTE-
                                RAGHUVANSHI , AGED ABOUT 27 YEARS, R/O
                                VILL. SYARI, TEH. GANJ BASODA, DISTT. VIDISHA
                                (MADHYA PRADESH)

                          2.    GUDDA @ CHHOTA S/O HARNAM SINGH, AGED
                                ABOUT 26 YEARS, R/O VILL. SYARI, TEH. GANJ
                                BASODA, DISTT. VIDISHA (MADHYA PRADESH).

                          3.    BADA GUDDA S/O HARNAM SINGH, AGED ABOUT
                                25 YEARS, R/O VILL. SYARI, TEH. GANJ BASODA,
                                DISTT. VIDISHA (MADHYA PRADESH).

                                                                                     .....PETITIONERS
                          (BY SHRI SUSHIL GOSWAMI - ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH THROUGH POLICE
                          STATION GANJBASODA DISTT. VIDISHA (MADHYA
                          PRADESH).

                                                                                    .....RESPONDENTS
                          (BY SHRI RAJIV UPADHAYAY - PUBLIC PROSECUTOR)

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

The present petition has been filed in the year 2008 being aggrieved by the order dated 05.01.2008 passed by the Appellate Court which has dismissed the Criminal Appeal No.44/2007 filed by the petitioner whereby upholding the order dated 06.03.2007 passed by the Judicial Magistrate First Class, Signature Not Verified Signed by: RASHID KHAN Signing time: 10-Jan-23 10:36:05 AM

Ganjbasoda, District Vidisha whereby the petitioners herein have been convicted for an offence under Section 325/34 of the I.P.C. and sentenced to suffer one year' rigorous imprisonment, which was reduced by the Appellate Court to six months and fine of Rs.500/- each.

The record of the case does not show that this is a fit case for interference by this Court under the revisional jurisdiction as the Appellate Court by its reasoned order upheld the order passed by the learned trial Court. However, taking the delay in disposing of this petition into congnizance, the ends of justice would be served better if the fine amount is enhanced.

Under the circumstances, the sentence of the petitioners is reduced to the

period already undergone by them from 05.01.2008 (date of judgment of appellate Court) till they were granted suspension by this Court on 23.01.2008. However, each of the petitioners shall pay defacto complainant Rs.5000/- each, if the complainant is not alive, to the next of his kin within sixty days from the date of this order. If the same is not complied with as hereinabove, the trial Court shall take them into custody to make them complete their remaining part of the sentence.

With the above, this petition is disposed of.

(ATUL SREEDHARAN) JUDGE Rashid

Signature Not Verified Signed by: RASHID KHAN Signing time: 10-Jan-23 10:36:05 AM