Madhya Pradesh High Court
Babulal Jat vs The State Of Madhya Pradesh on 5 July, 2023
Author: Deepak Kumar Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
ON THE 5 th OF JULY, 2023
CRIMINAL REVISION No. 4419 of 2019
BETWEEN:-
1. BABULAL JAT S/O SHRI PRABHULAL JAT, AGED
ABOUT 54 YEARS, RESIDENT OF GRAM
GURUNAVDA P.S MANPUR, DISTRICT SHEOPUR
(MADHYA PRADESH)
2. BHANWAR JI @ BHANWARLAL JAT S/O
PRABHULAL JAT, AGED ABOUT 59 YEARS,
RESIDENT OF GRAM GURUNAVDA P.S MANPUR,
DISTRICT SHEOPUR(MADHYA PRADESH)
3. MURARILAL JAT S/O HARNATH JAT, AGED
ABOUT 54 YEARS, RESIDENT OF GRAM
GURUNAVDA P.S MANPUR, DISTRICT
SHEOPUR(MADHYA PRADESH)
4. GAJENDRA @ GAJJU JAT S/O BABULAL JAT,
AGED ABOUT 34 YEARS, RESIDENT OF GRAM
GURUNAVDA P.S MANPUR, DISTRICT SHEOPUR
(MADHYA PRADESH)
5. KUSHAL JAT S/O SHRI BHANWARJI JAT, AGED
ABOUT 34 YEARS, RESIDENT OF GRAM
GURUNAVDA P.S MANPUR, DISTRICT
SHEOPUR(MADHYA PRADESH)
6. SMT CHANDRAKALA JAT W/O BHANWAR JI JAT,
AGED ABOUT 54 YEARS, RESIDENT OF GRAM
GURUNAVDA P.S MANPUR, DISTRICT SHEOPUR
(MADHYA PRADESH)
7. SMT SHIMLA JAT W/O SULTAN SINGH JAT, AGED
ABOUT 49 YEARS, RESIDENT OF GRAM
GURUNAVDA P.S MANPUR, DISTRICT SHEOPUR
(MADHYA PRADESH)
8. SMT VIDYABAI JAT W/O RANVEER JAT, AGED
ABOUT 59 YEARS, RESIDENT OF GRAM
GURUNAVDA P.S MANPUR, DISTRICT SHEOPUR
(MADHYA PRADESH)
Signature Not Verified
Signed by: MAHENDRA
BARIK
Signing time: 7/5/2023
6:44:54 PM
2
9. SMT RADHIKA BAI W/O SHRI OMPRAKASH JAT,
AGED ABOUT 39 YEARS, RESIDENT OF VILLAGE
RADEP PS AWADA DISTRICT SHEOPUR (MADHYA
PRADESH)
.....PETITIONERS
(SHRI ANSHU GUPTA, LEARNED COUNSEL FOR THE PETITIONERS)
AND
THE STATE OF MADHYA PRADESH INCHARGE POLICE
STATION MANPUR, DISTRICT SHEOPUR (MADHYA
PRADESH)
.....RESPONDENT
(SHRI SUSHANT TIWARI- LEARNED COUNSEL FOR THE RESPONDENT-
STATE)
Th is revision coming on for hearing this day, th e court passed the
following:
ORDER
Against the judgment of conviction and order of sentence dated 15-07-
2014 passed by Court of JMFC, Sheopur in Criminal Case No. 324 of 2005
convicting present petitioners under Section 452 of IPC and sentencing them
for one- one year RI with fine of Rs.1,000-1,000/-, six -six months RI under
Section 323/149 of IPC for causing injuries to injured Dindayal and Munna, six-
six months RI under Section 147 of IPC, six-six months RI under Section 332
of IPC for causing injuries to injured Prakash, six-six months RI under Section
342 of IPC for causing injury to injured Prakash, petitioners filed a Criminal
Appeal before Sessions Judge, Sheopur who modifying judgment of conviction
and order of sentence dated 15-07-2014 passed by the Court of JMFC, vide its
judgment dated 30-08-2019 passed in Criminal Appeal No.300048 of 2014
convicting the petitioners for offences under Sections 147, 452, 332/149, 342 of
IPC and sentencing them for three months RI, three months RI with fine of
Signature Not Verified
Signed by: MAHENDRA
BARIK
Signing time: 7/5/2023
6:44:54 PM
Rs.1,000/-, three months RI, three months RI respectively. Being dissatisfied,
present criminal revision under Section 397 read with Section 401 of CrPC has
been preferred at the instance of petitioners.
Learned counsel for the petitioners submitted that he does not want to
challenge conviction of petitioners for the aforesaid offences. As regards
sentence, it is submitted that the incident took place on 02-08-2005 all of a
sudden. The petitioners are poor persons and they have been facing agony of
trial for the last near about more than 12 years. Petitioner no.1 Babulal has
already served jail sentence for a period of 19 days, petitioner no.2 Bhambar
has already completed the jail sentence awarded to him, i.e. 91 days, petitioner
no.3 Murarilal Jat has already served jail sentence of 73 days, petitioner no.4
Gajendra and petitioner no.5 Kushal Jat have already served jail sentence of 12
days and remaining petitioners have already served jail sentence of 9 days. The
petitioners were on bail during trial and they did not misuse the liberty so
granted to them. Fine amount has already been deposited by them. Therefore,
while maintaining conviction and fine amount of Rs.1,000/- as awarded against
the petitioners, their sentence be reduced to the period already undergone by
them.
Learned counsel for the State supported the impugned judgment.
Heard learned counsel for the parties and perused the impugned
judgment.
Looking to the aforesaid facts and circumstances of the case, ends of
justice would meet if while maintaining conviction and fine amount of Rs.1,000/-
as awarded against the petitioners under Section 452 of IPC, their sentence be
reduced to the period already undergone by them. Accordingly, while affirming
conviction of petitioners for the aforesaid Sections 147, 452, 332/149, 342 of
Signature Not Verified
Signed by: MAHENDRA
BARIK
Signing time: 7/5/2023
6:44:54 PM
IPC, their jail sentence is reduced to the period already undergone by them
With the aforesaid modification, the revision stands disposed of.
(DEEPAK KUMAR AGARWAL)
JUDGE
MKB
Signature Not Verified
Signed by: MAHENDRA
BARIK
Signing time: 7/5/2023
6:44:54 PM
