Amol Singh vs State Of M.P.
2023 Latest Caselaw 9102 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. 102 of 2011

                          BETWEEN:-
                          AMOL SINGH S/O ANARAT SINGH YADAV, AGED ABOUT
                          42 YEARS, OCCUPATION: KHETI RESIDENT OF GRAM
                          DHURARI, THANA CHANDERI, DISTT. ASHOK NAGAR
                          (MADHYA PRADESH)

                                                                                         .....PETITIONER
                          (SHRI SUNIL SONI, LEARNED COUNSEL FOR THE PETITIONER)

                          AND
                          STATE OF M.P. TH: P.S. CHANDERI, DISTT. ASHOK
                          NAGAR (MADHYA PRADESH)

                                                                                       .....RESPONDENT
                          (SHRI PRAMOD PACHAURI- LEARNED PUBLIC PROSECUTOR 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 31st December, 2010 passed by Second Additional Sessions Judge (FTC), Mungaoli, District Ashok Nagar in Criminal Appeal No. 110 of 2010 confirming the judgment dated 21-09-2010 passed by the Court of JMFC, Chanderi, Ashok Nagar in Criminal Case No.50 of 2005, whereby the petitioner has been convicted under Section 325 of IPC and sentenced to undergo one year RI with fine of Rs.500/- 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 2004 and since then petitioner has been facing agony of trial. Appellant has served two months of jail incarceration and his jail sentence has already been suspended by this Court vide order dated 02-02-2011. Fine amount has already been deposited by the 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.5,000/- from Rs.500/- 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.5,000/- from Rs.500/- 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 Kartar 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.

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

(DEEPAK KUMAR AGARWAL) JUDGE MKB

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