Kamla Bai vs The State Of Madhya Pradesh
2023 Latest Caselaw 10616 MP

                                                               1
                             IN     THE       HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                      BEFORE
                                   HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                                   ON THE 11 th OF JULY, 2023
                                             CRIMINAL REVISION No. 523 of 2014

                            BETWEEN:-
                            KAMLA BAI W/O SHRI SHIVDAYAL, AGED ABOUT 43
                            YE A R S , VILL.NITANASS TEH VIJAYPUR DISTRICT
                            SHEOPUR (MADHYA PRADESH)

                                                                                            .....PETITIONER
                            (BY SHRI ANSHU GUPTA - ADVOCATE)

                            AND
                            THE STATE OF MADHYA PRADESH TH DISTRICT
                            MAGISTRATE DISTT. SHEOPUR (MADHYA PRADESH)

                                                                                          .....RESPONDENT
                            (BY SHRI SUSHANT TIWARI - PUBLIC PROSECUTOR)

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

T he petitioner has preferred this revision under Section 397 read with

Section 401 of CrPC challenging the judgment dated 09.07.2014 passed by Sessions Judge, Sheopur in Criminal Appeal No.22 of 2014 partly allowing the judgment dated 26.02.2014 passed by JMFC, Vijaypur District Sheopur in Criminal Case No.328 of 2010 whereby the petitioner has been convicted under Section 325 of IPC and sentenced to three months' RI with a fine of Rs.200/- and further petitioner was convicted under Section 504 of IPC and sentenced to go one months' RI with fine of Rs.1000/- with default stipulation.

Perused impugned judgment as well as record. Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 7/12/2023 10:09:46 AM

Since occurrence has taken place in the year 2010, the petitioner has suffered seven days of jail incarceration, petitioner was on bail during trial and she had never misused the liberty granted to her, fine amount has already been deposited by the petitioner, therefore, sentence awarded to the petitioner for the aforesaid offence is reduced to the period already undergone by her by enhancing the fine amount to Rs.5,000/- from Rs.200/- (in respect of both the offences).

Accordingly, this revision is partly allowed. While maintaining conviction of the petitioner for aforesaid offence, the sentence awarded to the petitioner is hereby reduced to the period already undergone by him. However,

sentence of fine is enhanced to Rs.5,000/- from Rs.200/- in respect of both the offences under Sections 325 and 504 of IPC against the petitioner. The fine amount, if any, deposited by petitioner shall be adjusted in the enhance amount. Three months' time from the date of receipt of certified copy of this order is hereby granted to the petitioner to deposit the aforesaid fine amount and the same shall be payable to complainant(s) by way of compensation, failing which petitioner shall undergo further one month additional imprisonment. Petitioner is on bail, her bail bond stand discharged.

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

(DEEPAK KUMAR AGARWAL) JUDGE Vijay

Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 7/12/2023 10:09:46 AM