Manohar Shakya vs The State Of Madhya Pradesh
2023 Latest Caselaw 8523 MP

                                                          1
                           IN    THE      HIGH COURT OF MADHYA PRADESH
                                                AT GWALIOR
                                                   BEFORE
                                HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                               ON THE 13 th OF JUNE, 2023
                                         CRIMINAL REVISION No. 2306 of 2023

                          BETWEEN:-
                          1.    MANOHAR SHAKYA S/O SHRI BABU LAL SHAKYA,
                                AGED ABOUT 67 YEARS, RESIDENT OF SHANKAR
                                COLONY SANJAY JATAV KA MAKAN GOL
                                PAHADIYA LASHKAR, DISTRICT GWALIOR
                                (MADHYA PRADESH)

                          2.    NEERAJ SHAKYA S/O SHRI MANOHAR LAL
                                SHAKYA, AGED ABOUT 28 YEARS, RESINDENT OF
                                SHRIRAM COLONY 2 TOWER WALI GALI P.S.
                                JANAKGANJ DISTRICT GWALIOR       (MADHYA
                                PRADESH)

                          3.    ANIL JATAV S/O SHRI KASHIRAM JATAV, AGED
                                ABOUT 44 YEARS, RESINDENT OF SHRIRAM
                                COLONY 2 TOWER WALI GALI P.S. JANAKGANJ,
                                DISTRICT GWALIOR (MADHYA PRADESH)

                                                                                    .....APPLICANTS
                          (SHRI ARUN KUMAR PATERIYA- LEARNED COUNSEL FOR THE
                          APPLICANTS)

                          AND
                          THE STATE OF MADHYA PRADESH INCHARGE POLICE
                          STATION THROUGH POLICE STATION JANAKGANJ,
                          DISTRICT GWALIOR (MADHYA PRADESH)

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

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

Instant revision under Section 397 r/w Section 401 of CrPC has been filed by applicants against judgment dated 27-05-2023 passed by 12th Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 6/14/2023 3:55:19 PM

Additional Sessions Judge, Gwalior in Criminal Appeal No. 48 of 2023 confirming judgment dated 26-12-2022 passed by Court of Judicial Magistrate First Class, Gwalior in Criminal Case No.13230 of 2015, whereby applicants has been sentenced to undergo six-six months RI with fine of Rs.500/- for commission of offence under Section 323/34 of IPC, sentenced to undergo one-one year RI with fine of Rs.1,000- 1,000/- for commission of offence under Section 324/34 of IPC and further sentenced to undergo one-one year RI with fine of Rs.1,000/- for commission of offence under Section 325/34 of IPC with default stipulations.

Shri Pateriya, learned counsel appearing for the applicants submits that he

does not want to challenge the conviction of applicants on merits. However, so far as quantum of sentence is concerned, it is submitted by him that the alleged incident took place on 12-11-2015 and applicants have been facing agony of trial for the last near about 08 years. It is further submitted that applicants were remained in custody for a period of 15 days during trial and during trial, they were on bail and did not misuse liberty so granted to them and amount of fine has already been deposited by them. Therefore, it is prayed that by imposing a suitable fine amount for aforesaid offences, jail sentence of 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 by imposing a suitable fine amount for aforesaid offences, jail sentence of the applicants be reduced to the period already undergone by them.

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 6/14/2023 3:55:19 PM

Accordingly, while affirming the conviction of applicants under Sections 323/34, 324/34 and 325/34 of IPC, their jail sentence is reduced to the period already undergone by them by imposing fine amount of Rs.1,000- 1,000/- for offence u/S 323/34 of IPC, fine amount of Rs.5,000-5,000/- for offence u/S 324/34 of IPC and fine amount of Rs.5,000/-- 5,000/- for offence u/S 325/34 of IPC which shall be deposited by applicants on adjustment of fine amount so deposited by them before trial Court within a period of two months from today failing which they have to suffer additional imprisonment as awarded by learned trial Court. The aforesaid fine amount be given to injured Shankar Singh and Rati Bai as compensation under Section 357 of CrPC.

With aforesaid modification, the criminal revision stands disposed of and partly allowed.

(DEEPAK KUMAR AGARWAL) JUDGE MKB

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 6/14/2023 3:55:19 PM