Purushottam vs State Of M.P.
2023 Latest Caselaw 10030 MP

                                                       1
                 IN         THE       HIGH COURT OF MADHYA PRADESH
                                            AT GWALIOR
                                              BEFORE
                           HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                            ON THE 3 rd OF JULY, 2023
                                      CRIMINAL REVISION No. 946 of 2011

               BETWEEN:-
               PURUSHOTTAM S/O REWARAM SUMAN, AGED ABOUT
               31 YEARS, OCCUPATION: VAKALAT R/O CHANDERI
               ROAD      MUNGAOLI,      TEH.     MUNGAOLI,
               DISTT.ASHOKNAGAR (MADHYA PRADESH)

                                                                                   .....PETITIONER
               (BY SHRI P.S.BHADORIYA- ADVOCATE)

               AND
               STATE  OF   M.P.  TH:P.S.MUNGAOLI                      DISTT.
               ASHOKNAGAR (MADHYA PRADESH)

                                                                                 .....RESPONDENT
               (BY SHRI DINESH SAVITA- PUBLIC PROSECUTOR FOR THE STATE
               BY SHRI MADHUR BHARGAVA- ADVOCATE FOR THE COMPLAINANT)

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

This revision has been filed by the petitioner against the judgment dated 17.10.2011 passed by the 2nd Additional Sessions Judge (Fast Track), Mungawali, Distt. Ashoknagar, in Criminal Appeal No.162/2010 whereby appeal of the petitioner has been partly allowed by setting aside his conviction under Section 323/34 of IPC and affirming his conviction under Section 325/34 of IPC with one year SI and fine of Rs.500/- as awarded vide judgment dated 12.11.2010 by the JMFC, Mungawali, in Criminal Case No.538/2008. Signature Not Verified Signed by: MADHU SOODAN PRASAD Signing time: 04-07-2023 10:18:59 AM Learned counsel for the petitioner/accused submitted that he does not

want to challenge the conviction of the petitioner for the aforesaid offence. As regards sentence, it is submitted by learned counsel for the petitioner that incident took place on 29.7.2003 and petitioner has been facing agony of trial for the last 20 years. Amount of fine has been deposited by him. Therefore, while enhancing the fine amount suitably, sentence of the petitioner be reduced till rising of the Court.

Learned counsel for the State supported the impugned judgment. Heard learned counsel for the parties and perused the impugned judgment.

Looking to the facts and circumstances of the case, ends of justice

would meet if while reducing the jail sentence of the petitioner till rising of the Court, the fine is enhanced to Rs.5,000/- under Section 325/34 of IPC. Accordingly, while affirming the conviction of the petitioner under Section 325/34 of IPC, jail sentence of the petitioner is reduced till rising of the Court and fine amount is enhanced to Rs.5,000/- which shall be deposited by him within a period of two months 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 complainant under Section 357 of Cr.P.C. as compensation.

With the aforesaid, the revision stands disposed of.

(DEEPAK KUMAR AGARWAL) JUDGE ms/-

Signature Not Verified Signed by: MADHU SOODAN PRASAD Signing time: 04-07-2023 10:18:59 AM