Makhan Singh vs State Of M.P.
2023 Latest Caselaw 9101 MP

                                                             1
                           IN      THE      HIGH COURT OF MADHYA PRADESH
                                                  AT GWALIOR
                                                    BEFORE
                                 HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                                 ON THE 19 th OF JUNE, 2023
                                            CRIMINAL REVISION No. 124 of 2011

                          BETWEEN:-
                           MAKHAN SINGH S/O SHRI DURJAN SINGH JADON,
                           AGED ABOUT 30 YEARS, RESIDENT OF GRAM
                           KHAIRKHEDI, TAH.LATERI, P.S.ANANDPUR, DISTT.
                           VIDISHA (MADHYA PRADESH)

                                                                                         .....PETITIONER
                          (SHRI MUNNA LAL TOMAR, LEARNED COUNSEL FOR THE PETITIONER)

                          AND
                          STATE OF M.P. TH: DISTRICT MAGISTATE VIDISHA
                          (MADHYA PRADESH)

                                                                                       .....RESPONDENT
                          (SHRI SUSHANT TIWARI- LEARNED COUNSEL FOR THE RESPONDENT-
                          STATE)

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

This revision has been filed by petitioner against the judgment dated 01- 01-2011 passed by Additional Sessions Judge, District Vidisha in Criminal Appeal No. 103 of 2009, confirming the judgment dated 23-04-2009 passed by the Court of JMFC, Lateri, District Vidisha in Criminal Case No.220 of 2008, whereby the petitioner has been convicted under Section 325 of IPC and sentenced to undergo one year RI with fine of Rs.1,000/- with default stipulation.

Learned counsel for the petitioner submitted that he does not want to Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 6/20/2023 11:19:03 AM

challenge the conviction of petitioner for aforesaid offence on merits. As regards sentence, it is submitted that incident took place in the year 2008 and since then petitioner has been facing agony of trial. Appellant has served only 8 days of jail incarceration and his jail sentence has already been suspended by this Court vide order dated 07-02-2011. Fine amount has already been deposited by petitioner. Therefore, while enhancing the fine amount suitably, sentence of the petitioner be reduced to the period already undergone by him.

Learned counsel for State supported the impugned judgments. Heard learned counsel for the parties and perused the impugned judgment.

Looking to the aforesaid 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 amount is enhanced to Rs.10,000/- from Rs.1,000/- as imposed by trial Court under Section 325 of IPC. Accordingly, while affirming the conviction of the petitioner under Section 325 of IPC, the jail sentence o f the petitioner is reduced to the period already undergone by him and fine is enhanced to Rs.10,000/- from Rs.1,000/- as imposed by trial Court which shall be deposited by him on adjustment of fine amount so earlier deposited by the petitioner, within a period of two months from today and the same shall be payable to complainant injured Parmal Singh as compensation under Section 357 of CrPC failing which, petitioner will have to suffer the sentence as awarded by trial Court.

With aforesaid modification, revision stands disposed of.

(DEEPAK KUMAR AGARWAL) JUDGE Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 6/20/2023 11:19:03 AM

MKB

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 6/20/2023 11:19:03 AM