Tejpal vs The State Of Madhya Pradesh Thr
2023 Latest Caselaw 10189 MP

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                          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. 970 of 2016

                         BETWEEN:-
                         1.    TEJPAL S/O SHRI BHAWARLAL, AGED ABOUT 51
                               YEAR S , VILL. RADEP THANA DIST. SHEOPUR
                               (MADHYA PRADESH)

                         2.    RAM SINGH S/O SHRI PURSOTTAM, AGED ABOUT
                               36 YEARS, OCCUPATION: NA VILL. RADEP THANA
                               DIST. SHEOPUR (MADHYA PRADESH)

                         3.    PURSHOTTAM S/O BHERULAL, AGED ABOUT 61
                               YEARS, OCCUPATION: NA VILL. RADEP THANA
                               DIST. SHEOPUR (MADHYA PRADESH)

                         4.    BHARAT SINGH S/O BHERULAL, AGED ABOUT 41
                               YEARS, OCCUPATION: NA VILL. RADEP THANA
                               DIST. SHEOPUR (MADHYA PRADESH)

                         5.    MURARI S/O BHAWARLAL, AGED ABOUT 43
                               YEARS, OCCUPATION: NA VILL. RADEP THANA
                               DIST. SHEOPUR (MADHYA PRADESH)

                         6.    CHARAT SINGH S/O BHAWARLAL, AGED ABOUT
                               38 YEARS, OCCUPATION: NA VILL. RADEP THANA
                               DIST. SHEOPUR (MADHYA PRADESH)

                                                                                  .....PETITIONERS
                         (SHRI ANSHU GUPTA, LEARNED COUNSEL FOR THE PETITIONERS)

                         AND
                         THE STATE OF MADHYA PRADESH THR COLLECTOR
                         DIST. 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
Signature Not Verified
Signed by: MAHENDRA
BARIK
Signing time: 7/5/2023
6:44:54 PM
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                         following:
                                                            ORDER

Against the judgment dated 27-07-2011 passed by Court of JMFC, Sheopur in Criminal Case No.81 of 2010 convicting present petitioners for offence under Sections 148, 326/149, 324/149, 323/149 of IPC and sentencing them one year RI with fine of Rs.200/- under Section 148 of IPC, three years RI with fine of Rs.500/- under Section 326/149 of IPC, one year RI with fine of Rs.200/- under Section 324/149 of IPC, six months RI with fine of Rs.100/- under Section 323/149 of IPC, petitioners preferred a criminal appeal before First Additional Sessions Judge, Sheopur who, modifying judgment passed by Court of JMFC, Sheopur vide judgment dated 5th of October, 2016 passed in

Criminal Appeal No. 91 of 2011 sentencing each of petitioners for six months RI with fine of Rs.200/- under Section 148 of IPC, six months RI with fine of Rs.500/- under Section 325/149 of IPC (in place of Section 326/149 of IPC), three months RI with fine of Rs.200/- under Section 324/149 of IPC and fine of Rs.1,000/- under Section 323/149 of IPC. Being dissatisfied, the present criminal revision under Section 397 read with Section 401 of CrPC has been preferred.

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 19-07-1991 and petitioners have been facing agony of trial for the last near about 32 years. They have already suffered jail incarceration of more than 12 days out of jail sentence awarded by trial Court. Amount of fine has been deposited by them. Therefore, while enhancing the fine amount suitably, sentence of the petitioners be reduced to the period already undergone by them. Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 7/5/2023 6:44:54 PM

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 reducing the jail sentence of the petitioners to the period already undergone by them, fine amount is enhanced from Rs.200/- to Rs.750/-, from Rs.500/- to Rs.1,500/-, from Rs. 200/- to Rs.750/- and Rs.1,000/- to Rs.2,000/- for offences under Sections 148, 325/149, 324/149 and 323/149 of IPC respectively. Accordingly, while affirming conviction of the petitioners for the aforesaid Sections, the jail sentence of petitioners is reduced to the period already undergone by them and the aforesaid enhanced fine amount shall be deposited by petitioners to the tune of Rs.5,000/- each on adjustment of fine amount already deposited by them before the trial Court within a period of one month from today. The enhanced amount of fine deposited by the petitioners be given to the complainant/injured as compensation under Section 357 of Cr.P.C.

With the aforesaid, 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