Janki Bai vs State Of M.P.
2023 Latest Caselaw 11409 MP

                                            1

         IN THE HIGH COURT OF MADHYA PRADESH
                      AT GWALIOR
                                       BEFORE
        HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                           ON THE 21st OF JULY, 2023

                   CRIMINAL REVISION NO.944 OF 2007

       BETWEEN:-

1.     JANKI BAI W/O RAMPRASAD, AGED 77
       YEARS, R/O HEMSINGH KI PARED,
       KARGIRON KA MOHALLA, MAMA KA
       BAZAR, LASHKAR, GWALIOR (MADHYA
       PRADESH)

2.     MOMPRAKASH RATHOR S/O RAMPRASAD
       RATHOR, AGED 45 YEARS, R/O HEMSINGH
       KI PARED KARIGARON KA MOHALLA,
       MAMA KA BAZAR, LASHKAR, GWALIOR
       (MADHYA PRADESH)

                                                                   ........APPLICANTS

       (BY SHRI ARUN PATERIYA- ADVOCATE)

       AND

       STATE OF MADHYA PRADESH

                                                                  ........RESPONDENT

       (BY SHRI A.P.S. TOMAR- PUBLIC PROSECUTOR)
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       This revision coming on for orders this day, the Court passed the
following:
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                                        ORDER

This revision under Section 397/401 of the Code of Criminal

Procedure has been filed by the applicants against the judgment dated 20/11/2007 passed by Fourth Additional Session Judge, Gwalior, District- Gwalior (M.P.) in Criminal Case No.02/2007 (M.J.C), whereby the applicants have been convicted and sentenced as under:-

        Applicant                                                        Section        Sentence     Fine (Rs.)     Default
                                                                                                                  Stipulation
     1. Janki Bai                                                     344 of Cr.P.C.          -        500/-           -
     2. Omprakash 344 of Cr.P.C.                                                       2 Months SI       -             -

Learned counsel for the applicants submits that incident is of the year 1998 and more than 24 years have lapsed. Learned counsel for the applicants confined his argument only to the point of sentence and prays that the sentence awarded to them be modified to the extent that period already undergone by them would be sufficient to meet the ends of justice.

Learned counsel for the respondent/State while opposing the appeal has submitted that the learned trial Court has arrived on the appropriate findings and rightly passed the impugned judgment of conviction and sentence.

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. Accordingly, while affirming the conviction of the applicants for the aforesaid offence, jail sentence of the applicants is reduced to the period already undergone by them.

In view of the above, this revision is finally disposed of. Certified copy as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE RAHUL rahul Digitally signed by RAHUL SINGH PARIHAR

SINGH DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab676d0cde

PARIHAR 4dee473fe77953f5, pseudonym=68E0B84BAE73376CD071289B3D9FE728CE00D487, serialNumber=0275C4F803F94C47998BE5C534E21BDED910FD4AB 9D159B55575E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2023.07.22 10:59:45 +05'30'