Prakash Meda vs The State Of Madhya Pradesh
2023 Latest Caselaw 10255 MP

                                                            1
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                       BEFORE
                                           HON'BLE SHRI JUSTICE ANIL VERMA
                                                  ON THE 6 th OF JULY, 2023
                                           CRIMINAL REVISION No. 1510 of 2023

                           BETWEEN:-
                           PRAKASH MEDA S/O KERSINGH @ TERSINGH MEDA,
                           AGED ABOUT 38 YEARS, OCCUPATION: AGRICULTURE,
                           R/O: VILLAGE KALLIPURA, P.S. KALYANPURA, DISTT.
                           JHABUA (MADHYA PRADESH)

                                                                                         .....APPLICANT
                           (DR. SHRI UMESH MANSHORE - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH STATION HOUSE
                           OFFICER THROUGH POLICE STATION KALYANPURA,
                           DIST. JHABUA (MADHYA PRADESH)

                                                                                       .....RESPONDENT
                           (BY SHRI H.S. RATHORE -GOVERNMENT ADVOCATE)

                                 This revision coming on for admission this day, th e court passed the
                           following:
                                                             ORDER

The applicant has preferred this Criminal Revision under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (In short 'Cr.P.C.') being aggrieved by the impugned order of conviction and sentence dated 29.03.2023 passed by the Special Sessions Judge, Jhabua, Dist. Jhabua in Criminal Appeal No.69/2021, whereby the judgment dated 01.09.2021 passed by the Judicial Magistrate First Class, Jhabua in Criminal Case No.1142/2020 has been affirmed and applicant has been convicted for the offence under Section 325 of IPC and sentenced with one year R.I. with fine of Rs.1000/- Signature Not Verified Signed by: ANUSHREE PANDEY Signing time: 07-07-2023 10:40:23

with usual default stipulation.

2. The prosecution story in brief is that one Prakash was using motor pump of complainant Hari Singh for construction of house. Motor pump was burnt, due to the construction of house of Prakash. On 02.06.2020, at about 2:00 PM, complainant went to the home of Prakash and asked for money related to repair motor pump. Then Prakash started abusing him in filthy language and hit him by using wooden stick, due to which complainant sustained fatal injuries and his ribs were fractured. Thereafter, complainant lodged an FIR at P.S. Kalyanpura, Dist. Jhabua. Accordingly, offence has been registered. MLC of complainant was conducted by Dr. Vinod Nayak (PW-5)

and during the x-ray left side rib was fractured.

3. After completion of investigation, charge-sheet has been filed against the present applicant and other accused persons before the JMFC, Jhabua, who has framed charges under Section 294 and 325 of IPC against the applicant. He has abjured his guilt and took a plea that he has been falsely implicated in the instant case. The trial Court after considering the submissions advanced by both the parties and scrutinizing entire evidence available on record, convicted the present applicant Prakash under Section 325 of IPC and sentenced him 1 year R.I. with fine of Rs.1000/- with usual default stipulation.

4. Being aggrieved by the said conviction, the present applicant has preferred a Criminal Appeal before the Special Sessions Judge, Jhabua, but same was also dismissed vide judgment dated 29.03.2023, therefore, confirming the conviction and sentenced by the trial Court, petitioner has filed this criminal revision.

5. The applicant has preferred the present Revision on several grounds, but during the course of the argument, learned counsel for the applicant submits Signature Not Verified Signed by: ANUSHREE PANDEY Signing time: 07-07-2023 10:40:23

that applicant does not want to press this Criminal Revision on merit and is not assailing the conviction and sentence part of the judgment. He has confined his argument only to the extent of quantum of the sentence and his sole prayer is that the imprisonment of the applicant be reduced to the period already undergone by him, as the applicant has already suffered jail incarceration for more than three months and he is facing trial for last 03 years. Applicant is a 38 years old poor person and is not having any criminal background. Therefore, his jail sentence be reduced to the period already undergone.

6 . Per-contra, learned counsel for the respondent/State opposes the revision and prays for its rejection by submitting that both the Courts below have rightly convicted and sentenced the applicant and the sentence in question is sufficient.

7. Heard learned counsel for both the parties and perused the record.

8. In view of the submissions made by learned counsel for the applicant, although the conviction has not been challenged, but a bare perusal of the evidence available on record, also justifies the judgment of conviction passed by both the Courts below.

9. So far as the quantum of jail sentence is concerned, the submissions made by learned counsel for the applicant appears to be just and proper. The present applicant was remained in custody for a period of more than three

months and he has suffered jail incarceration from 29.03.2023 till date. Therefore, in the interest of justice, it would be appropriate to reduce the jail sentence to the period already undergone by the applicant.

10. Considering the aforesaid, the revision is partly allowed by maintaining the conviction of the applicant, but reducing his jail sentence to the

Signature Not Verified Signed by: ANUSHREE PANDEY Signing time: 07-07-2023 10:40:23

period already undergone by him. The fine amount imposed upon the applicant by both the Courts below is hereby affirmed. Applicant Prakash Meda is on bail, his surety and bail bonds stand discharged.

11. The order regarding disposal of the property as pronounced by the trial Court is also affirmed.

12. Let a copy of this order alongwith record of both the Courts below be sent back to the concerned Courts for information and necessary compliance.

Certified copy as per rules.

(ANIL VERMA) JUDGE Anushree

Signature Not Verified Signed by: ANUSHREE PANDEY Signing time: 07-07-2023 10:40:23