Lala @ Arvind Singh Tomar vs State Of M.P.
2023 Latest Caselaw 11456 MP

                                                          1
                           IN    THE      HIGH COURT OF MADHYA PRADESH
                                                AT GWALIOR
                                                   BEFORE
                                HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                               ON THE 21 st OF JULY, 2023
                                          CRIMINAL REVISION No. 659 of 2013

                          BETWEEN:-
                          1.    LALA @ ARVIND SINGH TOMAR S/O SHRI UDAL
                                SINGH TOMAR, AGED ABOUT 43 YEARS,
                                RESIDENT OF GRAM SIMRAW THANA DEHAT,
                                DISTRICT BHIND (MADHYA PRADESH)

                          2.    GAJENDRA SINGH TOMARUDAL SINGH TOMAR,
                                AGED ABOUT 45 YEARS, RESIDENT OF GRAM
                                SIMRAW THANA DEHAT, DISTRICT    BHIND
                                (MADHYA PRADESH)

                          3.    SUJAN SINGH S/O RANDHIR SINGH TOMAR,
                                AGED ABOUT 55 YEARS RESIDENT OF GRAM
                                SIMRAW THANA DEHAT, DISTRICT   BHIND
                                (MADHYA PRADESH),

                                                                                    .....APPLICANTS
                          (SHRI AMIT GOSWAMI, LEARNED COUNSEL FOR APPLICANTS)

                          AND
                          STATE OF M.P. TH: P.S.DEHAT DISTRICT BHIND
                          (MADHYA PRADESH)

                                                                                   .....RESPONDENT
                          (SHRI APS TOMAR- LEARNED COUNSEL FOR THE RESPONDENT- STATE)

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

This criminal revision under Section 397 read with Section 401 of CrPC has been filed by applicants against the judgment 07-08-2013 passed by 4th Additional Sessions Judge, Bhind in Criminal Appeal No. 109 of 2013

Signature Not Verified modifying the judgment dated 28-02-2013 passed by the Court of JMFC, Bhind Signed by: MAHENDRA BARIK Signing time: 7/22/2023 6:55:48 PM

in Criminal Case No. 3735 of 2006, whereby the applicant shave been convicted under Sections 323/34 of IPC and sentenced to undergo three-three months RI with fine of Rs.200-200/-, one-one year RI with fine of Rs.300-300/- for commission of offence under Section 325/34 of IPC with default stipulation Learned counsel for the accused submitted that he does not want to challenge the conviction of the applicants for the aforesaid offences. As regards sentence, it is submitted that the incident took place in the year 2006 and the applicants have been facing agony of trial for the last more than 16 years. The applicants have never served a single day in custody. 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/- under Section 325/34 of IPC and the fine is enhanced to Rs.1,000- 1,000/- under Section 323/34 of IPC. Accordingly, while affirming the conviction of the applicants under Sections 325/34 and 323/34 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/- under Section 325/34 of IPC and Rs.1,000- 1,000/- under Section 323/23 of IPC which shall be deposited by them on adjustment of fine amount already deposited by applicants before trial Court, within a period of two months from today. The enhanced fine amount Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 7/22/2023 6:55:48 PM

so deposited by applicants be given to four injured Kanhai, Mansingh, Makrandsingh and Anirudh Singh on equal portion as compensation under Section 357 of Cr.P.C.

With the aforesaid modification, the revision stands disposed of.

(DEEPAK KUMAR AGARWAL) JUDGE MKB

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 7/22/2023 6:55:48 PM