Gokalia Jatav vs State Of M.P.
2023 Latest Caselaw 11039 MP

                                                       1
                 IN         THE       HIGH COURT OF MADHYA PRADESH
                                            AT GWALIOR
                                              BEFORE
                           HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                           ON THE 17 th OF JULY, 2023
                                      CRIMINAL REVISION No. 833 of 2011

               BETWEEN:-
               GOKALIA JATAV S/O MANOHARA JATAV, AGED ABOUT
               55 YEARS, R/O VILL. CHAKRA TEH.-KOLARS,
               DISTT.SHIVPURI (MADHYA PRADESH)

                                                                                   .....PETITIONER
               (BY SHRI SUNIL JAIN- ADVOCATE)

               AND
               STATE OF M.P. TH: POLICE KOLARAS, DISTT.SHIVPURI
               (MADHYA PRADESH)

                                                                                 .....RESPONDENT
               (BY SHRI R.K.AWASTHI- PUBLIC PROSECUTOR FOR THE STATE)

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

This revision has been filed by the petitioner against the judgment dated

20.9.2011 passed by the 2nd Additional Sessions Judge, Distt. Shivpuri, in Criminal Appeal No.201/2011, whereby appeal of the petitioner has been partly allowed and his sentence has been reduced to 3 month RI with fine of Rs.5,000/- from 8 months RI with fine of Rs.500/- under Section 325 of IPC, as directed by JMFC, Kolaras, Distt. Shivpuri, in Criminal Case No.344/2007 vide judgment dated 5.8.2011.

Signature Not Verified Signed by: MADHU Learned counsel for the petitioner/accused submitted that he does not SOODAN PRASAD want to challenge the conviction of the petitioner for the aforesaid offence. As Signing time: 18-07-2023 10:29:11 AM

regards sentence, it is submitted by learned counsel for the petitioner that incident took place on 28.2.2007 and petitioner has been facing agony of trial for the last 16 years. Petitioner has already suffered incarceration of 4 days. Amount of fine has been deposited by him. Therefore, while enhancing the fine amount suitably, sentence of the petitioner be reduced to the period already undergone by him.

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 petitioner to the period already undergone by him, the fine is enhanced to additional Rs.5,000/- under Section 325 of IPC. Accordingly, while affirming the conviction of the petitioner under Sections 325 of IPC, jail sentence of the petitioner is reduced to the period already undergone by him and fine amount is enhanced to additional Rs.5,000/- under Section 325 of IPC which shall be deposited by him within a period of two months from today, failing which the petitioner will have to suffer the sentence as awarded by the Courts below. The amount of fine so deposited by the petitioner be given to complainant under Section 357 of Cr.P.C. as compensation.

With the aforesaid, the revision stands disposed of.

(DEEPAK KUMAR AGARWAL) JUDGE Signature Notms/-

Verified Signed by: MADHU SOODAN PRASAD Signing time: 18-07-2023 10:29:11 AM