Chhota vs State Of M.P.
2023 Latest Caselaw 10264 MP

                                                    1
                          IN    THE    HIGH COURT OF MADHYA PRADESH
                                             AT GWALIOR
                                                  BEFORE
                               HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                            ON THE 6 th OF JULY, 2023
                                       CRIMINAL REVISION No. 63 of 2006

                         BETWEEN:-
                         1.    CHHOTA S/O DIWAN SINGH KHANGAR, AGED
                               ABOUT 26 YEARS, R/O PAHADKHURD

                         2.    BADAM SINGH S/O SAMAR SINGH KHANGAR,
                               AGED ABOUT 31 YEARS, R/O GRAM RIJODA,

                         3.    AMAR SINGH S/O S/O NARAYAN          SINGH
                               KHANGAR, AGED ABOUT 22 YEARS,

                         4.    MUNNA S/O S/O SUNDARA KHANGAR , AGED
                               ABOUT 25 YEARS,

                         5.    MALKHAN S/O BABULAL      KHANGAR,   AGED
                               ABOUT 18 YEARS,

                         6.    HALKU S/O S/O KISHANLAL KHANGAR , AGED
                               ABOUT 30 YEARS,

                         7.    RAMBHAN S/O S/O SUNDARA KHANGAR, AGED
                               ABOUT 22 YEARS,

                         8.    SEETARAM S/O S/O KISHAN LAL KHANGAR ,
                               AGED ABOUT 22 YEARS,

                         9.    RAJJU S/O S/O KISHANLAL KHANGAR, AGED
                               ABOUT 50 YEARS,

                         10.   NARAYAN S/O PYARELAL KHANGAR, AGED
                               ABOUT 50 YEARS,
                               ALL R/O GRAM KHATORA, POLICE STATION
                               I N D A A R DISTRICT SHIVPURI (MADHYA
                               PRADESH)

                                                                           .....PETITIONERS
                         (BY SHRI BAL KRISHNA SHARMA, LEARNED COUNSEL FOR PETITIONER
                         NO.1 AND 8 AND SHRI ARSHAD ALI M. HAQUE, LEARNED COUNSEL
                         FOR PETITIONER NO.4,7 AND 5 AND SHRI ANMOL KHEKDAR, LEARNED
Signature Not Verified
Signed by: YOGENDRA
OJHA
Signing time: 7/6/2023
5:45:53 PM
                                                     2
                         COUNSEL FOR PETITIONER NO.2,3, 6 AND 10)

                         AND
                         STATE OF M.P. THROUGH POLICE STATION INDAAR,
                         DISTRICT SHIVPURI (MADHYA PRADESH)

                                                                                        .....RESPONDENT
                         (BY SHRI PRAMOD PACHORI- LEAREND PUBLIC PROSECUTOR FOR
                         STATE)


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

Since petitioner No.9 has since died, therefore, present criminal revision stands abated in respect of petitioner No.9.

Remaining petitioners are present in person who are duly identified by their counsel.

This revision has been filed by the petitioners against the judgment dated 09.01.2006 passed by the 4th Additional Sessions Judge (Fast Track), Shivpuri, Distt. Shivpuri, in Criminal Appeal No.569/2005 whereby appeal of the petitioners has been partly allowed by affirming the conviction of the petitioners under Section 326/149 and 323/149 of IPC and sentencing them to undergo one year R.I. with fine of Rs.100/- and sentencing them to undergo six months R.I. with fine of Rs.100/- and Section 148 of IPC in respect of appellant Chhota and sentencing him to undergo six months R.I. and converted the conviction of remaining petitioners from under Section 148 of IPC to Section 147 of IPC and sentenced them to undergo one month R.I. as awarded vide judgment dated 25.10.2005 by the JMFC, Kolaras, in Criminal Case No.393/2004.

A t the threshold, learned counsel for the petitioners submits that they does not challenge the finding of conviction but they confine their arguments to Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 7/6/2023 5:45:53 PM

the quantum of sentence part only. It is contended that since occurrence has taken place in the year 1999, the petitioner has suffered custody of about four months, petitioners were on bail during trial and they did not misuse the liberty granted to them and fine amount has already been deposited by the petitioners, therefore, it is prayed that sentence awarded to the petitioners for the aforesaid offences may be reduced to the period already undergone by them.

On the other hand, State Counsel opposed the contentions of counsel for petitioners and submitted that there is neither any occasion to interfere with the sentence awarded to petitioners nor any compassion or sympathy is called for in the said case.

Heard counsel for the parties and perused impugned judgment as well as record.

It is not disputed that occurrence relates to year 1999 and more than 14 years have passed since the date of incident and petitioners were on bail during trial and they did not misuse the liberty granted to them and fine amount has already been deposited by the petitioners. T h u s , looking to overall circumstances, it will be just and proper if sentence awarded to the petitioners by trial Court for aforesaid offences is reduced to the period already undergone by them.

Accordingly, this revision is partly allowed. While maintaining

conviction of the petitioners for aforesaid offences, the sentence awarded to the petitioners is hereby reduced to the period already undergone by them. However, fine amount is enhanced to Rs.2500/- in respect of offences punishable under Sections 326/149 and 323/149 of IPC against the petitioners. T h e fine amount, if any, deposited by petitioners shall be adjusted in the enhance amount. Two months' time from the date of receipt of copy of this Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 7/6/2023 5:45:53 PM

order is hereby granted to the petitioners to deposit the aforesaid fine amount and the same shall be payable to complainant(s) by way of compensation, failing which petitioners shall undergo further one month additional imprisonment. Petitioners are on bail, their bail bonds stand discharged.

Let a copy of this order along with record of trial Court be sent back forthwith.

In view of above, the non-bailable warrants issued to secure the presence of petitioners are recalled.

(DEEPAK KUMAR AGARWAL) JUDGE ojha

Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 7/6/2023 5:45:53 PM