Vishanu vs State Of M.P.
2023 Latest Caselaw 9130 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. 530 of 2013

BETWEEN:-
1.    VISHANU S/O SHRI RAGHUVEER, AGED ABOUT 35
      YEARS, VILL. GIJURRA P.S.MEHGAON, DISTRICT
      BHIND (MADHYA PRADESH)

2.    RAJESH S/O RAGHUVEER , AGED ABOUT 32
      YEAR S , VILL.GIJURRA P.S. MEHGAON, DISTT.
      BHIND (MADHYA PRADESH)

                                                           .....PETITIONERS
(BY SHRI DEEPENDRA SINGH KUSHWAH - ADVOCATE)

AND
STATE OF M.P. TH: P.S. MEHGAON DISTT. BHIND M.P.
BHIND (MADHYA PRADESH)

                                                           .....RESPONDENT
(BY SHRI SUSHANT TIWARI - PUBLIC PROSECUTOR)

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

In compliance of order dated 26.04.2023 petitioners have been produced before this Court by Constable Satyaveer Singh, Police Station Mehgaon, Dist. Bhind.

Let the petitioners be sent to jail.

This criminal revision under Section 397, 401 of Cr.P.C. has been filed by the revisionist assailing the Judgment dated 02.07.2013 passed in Criminal Appeal No. 159/2013 by Fifth Additional Sessions Judge, Bhind by which the

judgement dated 10.04.2013 passed in Criminal Case No. 366/2009 by Judicial Magistrate First Class Mehgaon has been affirmed.

In brief, facts of the case are that, learned trial Court vide its judgment dated 08.08.2014 convicted the petitioners for the offence under Section 325 of IPC, 323/34 of IPC and 294 of IPC and sentenced them to undergo 01 months RI, 01 month RI and 01 month RI with fine of Rs.200/-, Rs.200/- and Rs.200/- respectively with default stipulation.

As per prosecution case on 11.07.2009, the complainant Lajjaram lodged a report at P.S. Mehgaon that today there were altercation with a persons namely Vishanu and Rajesh on the thing quarrel with children, arising out of said

incident before one day, his wife was coming, than accused persons Vishanu and Rajesh caused her injury at head with lathi, hearing the noise complainant's sister in law and Bhuribai arrived there then the accused persons committed their maarpeet using lathi, said incident was witnessed by a person namely Dakhobai. The petitioners preferred an appeal against the judgment before the appellate court. The appellate court set aside their appeal.

Learned counsel for the petitioners made submission that incident is of the year 2009 and about more than 14 years has been passed. In these situation, they does not want to press their petition on merits. It is submitted that in lieu of sentence, fine amount may be enhanced.

In view of the arguments advanced by the counsel for the petitioners and after perusing the record, the incident took place on 11.07.2009, about 14 years has been passed, in these situation, in lieu of sentence of one month imposed under Sections 323/34, 325 and Section 294 of IPC is reduced to the period already undergone by them, by enhancing the fine amount from Rs.200/- each to Rs.5,000/- each which shall be paid to complainant by way of

compensation.

The amount of compensation be deposited in the trial Court within one month from the date of receipt of certified copy of this order, failing which petitioners shall undergo the original sentence awarded by the trial Court. In case the fine amount is deposited by them, their bail bond stands discharged.

With the aforesaid modification, the revision petition stands disposed of.

(DEEPAK KUMAR AGARWAL) JUDGE Vijay

VIJAY TRIPATHI 2023.06.19 17:25:34 -07'00'