Babu vs State Of M.P.
2023 Latest Caselaw 511 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. 839 of 2009

BETWEEN:-
1.    BABU S/O     CHHOTU JATAV , AGED         ABOUT 40
      YEARS,

2.    SURESH S/O S/O BABU JATAV , AGED ABOUT 21
      YEARS,
      BOTH OCCUPATION: AGRICULTURIST, R/O VILL.
      SHYAMPUR,     TAHSIL    VIJAYPUR, DISTRICT
      SHEOPUR (MADHYA PRADESH)

                                                              .....PETITIONERS
(BY SHRI ANSHU GUPTA - ADVOCATE )

AND
STATE OF M.P. THROUGH POLICE STATION VIJAYPUR,
DISTRICT SHEOPUR(MADHYA PRADESH)

                                                              .....RESPONDENT
(BY SHRI NAVAL GUPTA - PUBLIC PROSECUTOR )

      This revision coming on for direction this day, th e court passed the

following:
                                    ORDER

Petitioners are aggrieved by the order of conviction and sentence passed by learned trial Court upon the petitioners to suffer a sentence of six months RI on account of the charge against them being proved.

The allegation against the petitioners herein is that they assaulted their sister-in-law and caused her a fracture on Ulna bone of the right hand. The appeal was dismissed and thereafter, the petitioners were taken into custody on 26/10/2009 and they remained in prison till 27/10/2009 when they were enlarged

on bail by this Court after suspension of their sentence.

In view of the material on record, this Court feels that there is no necessity to interfere with the well reasoned judgment of learned Courts below in its revisional jurisdiction and therefore, the petition is dismissed. However, in the interest of justice, the jail sentence of the petitioners is reduced to the period already undergone by them and instead, each of the petitioners shall pay the defacto complainant or next to his kin Rs. 5,000/- each within 60 days of this order, failing which, the learned Court below is requested to take them into the custody to send them jail to complete the remaining part of jail sentence.

With the above, the petition stands disposed of finally.

(ATUL SREEDHARAN) JUDGE JPS/-

JAI Digitally signed by JAI PRAKASH SOLANKI DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR,

PRAKASH postalCode=474001, st=Madhya Pradesh, 2.5.4.20=287738d30aabaeda9b10cecdf179cec8 65c7633f4cfb9e38ce14fcbb05b9522a, pseudonym=560BC50AD082B9BE54EE290EC8C B2193780D8357,

SOLANKI serialNumber=8D6BC1C9FCE36623D0BD6B807 2A2D8C01433EBD48AE4F609F108CA8F8DE6B5 22, cn=JAI PRAKASH SOLANKI Date: 2023.01.10 09:54:24 +05'30'