Vishunlal vs State Of M.P.
2023 Latest Caselaw 9108 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. 131 of 2011

                          BETWEEN:-
                          VISHUNLAL S/O LATURA JATAV, AGED ABOUT 40
                          YEARS, RESIDENT OF GRAM KANAKHEDI, PARGANA
                          POHARI, DISTT. SHIVPURI (MADHYA PRADESH)

                                                                                         .....PETITIONER
                          (SHRI VIJAY JHA- LEARNED COUNSEL FOR THE PETITIONER)

                          AND
                          STATE OF M.P. TH:P.S.POHARI           DISTT.   SHIVPURI
                          (MADHYA PRADESH)

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

                                This 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 31-

01-2011 passed by learned Sessions Judge, Shivpuri in Criminal Appeal No.294 of 2010 confirming judgment dated 11-10-2010 passed by the Court of JMFC, Pohri, District Shivpuri in Criminal Case No.920 of 2009, whereby petitioner has been convicted under Section 325 of IPC and sentenced to undergo six months rigorous imprisonment with fine of Rs.200/- with default stipulation.

Learned counsel for the petitioner submitted that he does not want to challenge the conviction of petitioner for aforesaid offence on merits. As

Signature Not Verified regards sentence, it is submitted that incident took place in the year 2003 and Signed by: MAHENDRA BARIK Signing time: 6/20/2023 11:19:03 AM

since then petitioner has been facing agony of trial. Appellant has suffered jail incarceration of only near about nine days and his jail sentence has already been suspended by this Court vide order dated 08-02-2011. 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.10,000/- from Rs.200/- 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.200/- 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 Sahab Singh as compensation under Section 357 of CrPC failing which the petitioner will have to suffer the sentence as awarded by trial Court.

With aforesaid modification, revision stands disposed of.

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

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