Ghanshyam Singh vs State Of M.P.
2023 Latest Caselaw 629 MP

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        IN THE HIGH COURT OF MADHYA PRADESH
                     AT GWALIOR
                                      BEFORE
      HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                      ON THE 10th OF JANUARY, 2023

                  CRIMINAL REVISION NO.843 OF 2007

       BETWEEN:-

1.     GHANSHYAM SINGH, S/O SHRI DHEER
       SINGH,    AGED    33      YEARS, R/O
       BHARAULIKALAN,       P.S.   BHARAULI,
       DISTRICT- BHIND (MADHYA PRADESH)

2.     MAHESH @ GUTTI, S/O DHEER SINGH,
       AGED 26 YEARS, R/O BHARAULIKALAN,
       P.S. BHARAULI, DISTRICT- BHIND

3.     LAMBAR @ NANDKISHORE, S/O DHEER
       SINGH,    AGED  25      YEARS, R/O
       BHARAULIKALAN,     P.S.   BHARAULI,
       DISTRICT- BHIND

4.     VINOD S/O SHIV AVTAR SINGH, AGED 24
       YEARS, R/O BHARAULIKALAN, P.S.
       BHARAULI, DISTRICT- BHIND

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

       AND

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


                                                               ........RESPONDENT

       (BY SHRI PRAMOD PACHAURI- PUBLIC PROSECUTOR)

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       This petition coming on for orders this day, the Court passed the
following:
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                                      ORDER

The petitioner No.4- Vinod has been brought before this Court by the police in custody in execution of non-bailable warrant issued by this Court on 05/12/2022.

Learned counsel for the petitioners submits that the petition is pending since 2007, therefore, it should be heard finally.

On the request of learned counsel for the petitioners, matter is heard finally.

This revision has been filed by the petitioners against the judgment dated 08/10/2007 passed by 1 st Additional Sessions Judge, District- Bhind (M.P.) in Criminal Appeal No.15/2020, affirming the order dated 11/01/2006 passed in Criminal Case No.1151/2006 by JMFC, District- Bhind (M.P.), whereby the petitioners have been convicted and sentenced as under:-

           Section               Sentence           Fine (Rs.)            Default
                                                                       Stipulation
      325/34 of IPC              1 Year RI             2,00/-               -

Allegations against the petitioners, in short, are that on 27/06/2000 at about 10:PM, complainant- Jeet Singh lodged the report to the effect that when he was going to his village Bharauli after selling the sand and as soon as he reached Bharauli Tiraha, petitioners were also coming from their tractor. Petitioner said him that two days before you did not fill the sand from mine and on that, they assaulted the

complainant, due to which, he received various injuries. On the basis of aforesaid, crime has been registered against the petitioners.

Learned counsel for the petitioners submits that incident is of the year 2007 and more than 15 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.200/- to Rs.2,500/- 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.200/- to Rs.2,500/- 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 and petitioner No.4- Vinod produced before this Court in execution of non-

bailable warrant be released forthwith.

Consequently, IA No.976/2023, an application for suspension of sentence, moved on behalf of petitioner No.4- Vinod stands dismissed as rendered infructuous.

Certified copy as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE Digitally signed by RAHUL SINGH PARIHAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR,

rahul ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab676d0cde4de e473fe77953f5, pseudonym=68E0B84BAE73376CD071289B3D9FE728CE00D487, serialNumber=0275C4F803F94C47998BE5C534E21BDED910FD4AB9D1 59B55575E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2023.01.11 14:19:03 +05'30'