Gulab Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 10729 MP

                                                           1
                           IN    THE       HIGH COURT OF MADHYA PRADESH
                                                 AT GWALIOR
                                                   BEFORE
                                HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                                ON THE 12 th OF JULY, 2023
                                          CRIMINAL REVISION No. 2838 of 2023

                          BETWEEN:-
                          1.    GULAB SINGH S/O LALLU CHIDAR, AGED ABOUT
                                40 YEARS RESIDENT OF , PIPRIYARAY THANA
                                KACHNAR , DISTRICT ASHOKNAGAR (MADHYA
                                PRADESH)

                          2.    CHTARSINGH S/O SHRI LALLU CHIDAR, AGED
                                ABOUT 43 YEARS,     RESIDENT OF GRAM
                                PIPRIYARAI P.S KACHNAR, DISTRICT ASHOK
                                NAGAR (MADHYA PRADESH)

                                                                                       .....APPLICANTS
                          (SHRI PRABAL PRATAP SINGH SOLANKI, LEARNED COUNSEL FOR
                          APPLICANTS)

                          AND
                          THE STATE OF MADHYA PRADESH INCHARGE POLICE
                          STATION THROUGH POLICE STATION KACHNAR,
                          DISTRICT ASHOK NAGAR (MADHYA PRADESH)

                                                                                      .....RESPONDENT
                          (SHRI SUSHANT TIWARI- LEARNED COUNSEL FOR THE RESPONDENT-
                          STATE)

                                This revision coming on for ADMISSION this day, the court passed the
                          following:
                                                            ORDER

The present criminal revision under Section 397 read with Section 401 of CrPC has been preferred by applicants against the judgment of conviction and order of sentence dated 24th June, 2023 passed by Sessions Judge, Ashok Nagar in CRA No.99 of 2022 partly confirming the judgment dated 09-11-2022 Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 7/13/2023 10:51:03 AM

passed by the Court of JMFC, Ashok Nagar in Criminal Case No.1001845 of 2016, whereby the applicants have been convicted under Section 325/34 of IPC and sentenced to undergo six-six months RI in place of one-one year RI as awarded by Trial Court with fine of Rs.2,000-2,000/- with default stipulation.

Learned counsel for the accused submitted that he does not want to challenge the conviction of the applicants for the aforesaid offence. As regards sentence, it is submitted that the incident took place on 21-07-2016 and the applicants have been facing agony of trial for the last near about six years. They have already suffered jail incarceration of more than 19 days. Amount of fine has been deposited by them. Therefore, while enhancing the fine amount

suitably, sentence of the applicants 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 facts and circumstances of the case, ends of justice would meet if while reducing the jail sentence of the applicants to the period already undergone by them, the fine is enhanced to Rs.5,000-5,000/- from Rs.2,000- 2,000/- under Section 325/34 of IPC. Accordingly, while affirming the conviction of the applicants under Section 325/34 of IPC, jail sentence of the applicants is reduced to the period already undergone by them and fine amount is enhanced to Rs.5,000-5,000/- which shall be deposited by them on adjustment of fine amount already deposited by the applicants before trial Court, within a period of one month from today. The amount of fine so deposited by the applicants be given to injured Rambabu under Section 357 of Cr.P.C. as compensation.

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 7/13/2023 10:51:03 AM

With the aforesaid, the revision stands disposed of.

(DEEPAK KUMAR AGARWAL) JUDGE MKB

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 7/13/2023 10:51:03 AM