Govind Das Kori vs State Of M.P.
2023 Latest Caselaw 915 MP

                                                           1
                           IN     THE      HIGH COURT OF MADHYA PRADESH
                                                 AT GWALIOR
                                                    BEFORE
                                 HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                              ON THE 16 th OF JANUARY, 2023
                                           CRIMINAL REVISION No. 616 of 2008

                          BETWEEN:-
                          GOVIND DAS KORI S/O S/O SHRI PAJJI KORI , AGED
                          ABOUT 30 YEARS, OCCUPATION: R/O VILLAGE SIRSOD,
                          POLICE THANA AMOLA DISTT. SHIVPURI (MADHYA
                          PRADESH)

                                                                                        .....APPLICANT
                          (SHRI .R.SHARMA, LEARNED COUNSEL FOR THE APPLICANT)

                          AND
                          STATE OF M.P. THROUGH POLICE STATION AMOLA,
                          DISTRICT SHIVPURI (MADHYA PRADESH)

                                                                                                     .....
                          ( SHRI ANIL SHUKLA- PUBLIC PROSECUTOR FOR THE RESPONDENT-
                          STATE)

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

Instant Criminal Revision under Section 397 read with Section 401 of CrPC has been filed by the applicant against the judgment dated 05-09-2008 passed by Additional Judge to the Court of Additional Sessions Judge, Karera, District Shivpuri in Criminal Appeal No.118 of 2008 confirming the judgment of conviction and order of sentence dated 02-04-2008 passed by Judicial Magistrate First Class, Karera, District Shivpuri in Criminal Case No.241 of 2007 whereby the applicant has been convicted under Section 325 of IPC and sentenced to undergo one year rigorous imprisonment with fine of Rs.1,000/- Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 1/16/2023 6:30:09 PM

with default stipulation.

At the threshold, learned counsel for the applicant submits that he does not challenge the findings of conviction but since the occurrence has taken place as back as in the year 2004 and the accused applicant has served in custody near about one and half months out of total jail sentence, therefore, it is prayed that the substantive sentence awarded to the applicant for the aforesaid offence may be reduced to the period already undergone by him.

On the other hand, the learned counsel for the State has opposed the submissions made by the learned counsel for the applicant and submitted that there is neither any occasion to interfere with the quantum of sentence nor any

compassion or sympathy is called for in the said case.

Heard learned counsel for the parties and perused the judgments passed by the Courts below as well as record of the case.

It is not disputed that the occurrence relates to the year 2004 and the applicant- accused has so far served a period of one and half months in custody out of total jail sentence and so also, suffered the agony and trauma of protracted trial. Thus, looking to the over-all circumstances of the case and keeping in view the fact that offence in question was committed nearly more than 18 years back, it will just and proper if the sentence awarded by the trial Court and confirmed by the appellate Court for offence under Section 325 of IPC is reduced to the period already undergone by the applicant.

Accordingly, this revision is partly allowed. While maintaining the conviction under Section 325 of IPC, sentence awarded to the applicant is hereby reduced to the period already undergone by him. The applicant is directed to pay a compensation to the complainant/victim/injured to the tune of Rs.10,000/- as per provisions of Section 357 of CrPC failing which the Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 1/16/2023 6:30:09 PM

applicant shall serve the remaining part of jail sentence awarded by Trial Court concerned. Since the applicant is on bail, therefore, his bail bonds stand discharged.

(DEEPAK KUMAR AGARWAL) JUDGE MKB

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 1/16/2023 6:30:09 PM