Citation : 2023 Latest Caselaw 917 MP
Judgement Date : 16 January, 2023
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. 781 of 2010
BETWEEN:-
RAMU S/O S/O DAYAL BAGLA , AGED ABOUT 39 YEARS,
OCCUPATION: KRISHI, R/O VILL.NIJAMPUR,
M AGRAUNI, P.S.NARWAR, DISTT.SHIVPURI (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI SANJEEV AGRAWAL ADVOCATE)
AND
STATE OF M.P. (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI NAVAL KISHORE GUPTA - PUBLIC PROSECUTOR)
Th is revision coming on for hearing this day, th e court passed the
following:
ORDER
Aggrieved by the judgment of trial Court as well as appellate Court, both
the Courts held guilty, petitioner has been sentenced for offence under Section 325 of IPC and for 1 year R.I. with fine of Rs.1,000/-, he preferred this revision.
Learned counsel for the petitioner made submission that during trial he remained incarceration for a period of 28 days. He does not want to press other grounds. Only he want to press the ground of sentence. Incidence is of 2007. 16 years have been lapsed facing judicial process. Incident took place all of a sudden.
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 petitioner to the period already undergone by them, the fine is enhanced from Rs.1,000/- to Rs.10,000/- under Section 325 of IPC. Accordingly, while affirming the conviction of the petitioner under Section 325 of IPC, jail sentence of the petitioner is reduced to the period already undergone by them and fine amount is enhanced from Rs.1000/- to Rs.10,000/- which shall be deposited by him within a period of one month from today, failing which the petitioner will have to suffer the
sentence as awarded by the Courts below. The amount of fine so deposited by the petitioner be given to the complainant under Section 357 of Cr.P.C. as compensation.
With the aforesaid, the revision stands disposed of.
(DEEPAK KUMAR AGARWAL) JUDGE mani
SUBASRI MANI 2023.01.17 10:56:40 -08'00'
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