Haresingh vs The State Of Madhya Pradesh
2023 Latest Caselaw 11304 MP

                                                             1
                           IN     THE        HIGH COURT OF MADHYA PRADESH
                                                   AT INDORE
                                                    BEFORE
                                   HON'BLE SHRI JUSTICE PREM NARAYAN SINGH
                                                  ON THE 20 th OF JULY, 2023
                                             CRIMINAL REVISION No. 1294 of 2013

                          BETWEEN:-
                          HARESINGH S/O BISHAN BHILALA, AGED ABOUT 60
                          YEARS, VILL.AHIRWAS PATELPURA P.S.DHARAMPURI
                          (MADHYA PRADESH)

                                                                                          .....PETITIONER
                          (SHRI HARISHCHANDRA TRIPATHI APPEARED FOR PETITIONER).

                          AND
                          THE   STATE   OF  MADHYA               PRADESH   GOVT.
                          THRU.DISTRICT   MAGISTRATE              DHAR   (MADHYA
                          PRADESH)

                                                                                        .....RESPONDENT
                          ( SHRI GAURAV RAWAT.- GOVT. ADVOCATE)

                                T h is revision coming on for orders this day, t h e cou rt passed the
                          following:
                                                              ORDER

With consent of the parties heard finally.

1. This criminal revision under Section 397/401 of Cr.P.C. has been filed by the petitioner being aggrieved by the judgment dated 06.12.2013, passed by the Additional Sessions Judge, Dharampuri, District- Dhar, in Cr.A.No.193/2013, partly allowing the judgment dated 04.09.2013, by modifying the sentence from 9 months RI to 3 months RI and maintained the conviction passed by learned JMFC, in criminal case No.510/2012 whereby the petitioner has been convicted for offence under Section 324 of IPC and

Signature Not Verified sentenced for 9 months R.I. with fine of Rs.250/-, with default stipulations. Signed by: VARSHA DUBEY Signing time: 7/22/2023 1:17:42 PM

2. The petitioner has preferred this criminal revision on several grounds but during the course of arguments, learned counsel for the petitioner did not press this revision on merits and not assail the finding part of judgment. He confines his argument on the point of sentence only and prays that since the petitioner has already undergone approximately 15 days in jail incarceration, his sentence be reduced to the period already undergone. It is also submitted that the petitioner has already deposited the fine amount so awarded by the learned trial Court. The petitioner deserves some leniency as the petitioner already suffered the ordeal of the trial since 2012 i.e.for a period of 11 years. It is further submitted that this petition be partly allowed and the sentence awarded

to the petitioner be reduced to the period already undergone by enhancing the fine amount.

3. Learned counsel for the State has opposed the prayer.

4. Having considered the rival submissions and on perusal of the record, the submission of the learned counsel for the petitioner appears to be just and proper.

5. However, the learned trial Court as well as the learned Appellate Court has not committed any error in appreciation of evidence available on record. Further, it is found that both the courts below considered the evidence available on record and correctly found that the case of the prosecution is well supported by the injured, witnesses and medical testimony. Both the Courts below have well considered the material available on record, hence, no infirmity is found in the impugned order of conviction passed by both the Courts below, accordingly, the same is upheld.

6. So far as, the sentence of the petitioner is concerned, after the lapse of Signature Not Verified Signed by: VARSHA DUBEY Signing time: 7/22/2023 1:17:42 PM

almost 11 years, the submissions has been made by the petitioner regarding enhancement of fine appears to be proper. The petitioner has suffered the ordeal of criminal case since 2012, this Court finds it expedient to partly allow this revision petition by affirming the conviction of the petitioner.

7. Accordingly, this revision petition is partly allowed and the sentence awarded to the petitioner is hereby reduced to the sentence already undergone by increasing the fine amount from Rs. 250 to Rs.5,000/-, under Section 324 of IPC to be paid by the petitioner within a period three months from today. Out of the fine amount so deposited by the petitioner Rs.5000/- be paid to Injured Anil (PW-1) under Section 357(3) of Cr.P.C. by the trial Court. The fine amount, if already deposited as well as the compensation amount paid to the injured, if any, shall be adjusted. The bail bond of the petitioner shall be discharged after deposit of the fine amount. If the applicant fails to deposit the fine amount, he will suffer one month of simple imprisonment in default.

9. A copy of this order be send to the concerned trial Court for necessary compliance.

Certified copy as per rules.

(PREM NARAYAN SINGH) JUDGE VD

Signature Not Verified Signed by: VARSHA DUBEY Signing time: 7/22/2023 1:17:42 PM