Ajuddi Kushwah vs State Of M.P.
2023 Latest Caselaw 9224 MP

                                                             1
                             IN    THE       HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                     BEFORE
                                  HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                                  ON THE 20 th OF JUNE, 2023
                                            CRIMINAL REVISION No. 810 of 2011

                            BETWEEN:-
                            1.    AJUDDI KUSHWAH S/O PANNI KUSHWAH, AGED
                                  ABOUT 36 YEARS, VILL.SEWANI, P.S. SINAWAL
                                  TEH. AND DISTT.DATIA (MADHYA PRADESH)

                            2.    GUPAL KUSHWAH S/O PANNI KUSHWAHA, AGED
                                  ABOUT 30 YEARS, R/O VILL. SEWANI, P.S.
                                  SINAWAL TEHSASEEL & DISTT. GUNA (MADHYA
                                  PRADESH)

                            3.    CHATUR SINGH KUSHWAH S/O PANNI KUSHWAH,
                                  AGED ABOUT 34 YEARS, R/O VILL.SEWANI,P.S.
                                  SINAWAL TEHASEL & DISTT.GUNA (MADHYA
                                  PRADESH)

                                                                                       .....PETITIONERS
                            (BY SHRI HEMANT SINGH RANA - ADVOCATE)

                            AND
                            STATE OF M.P. TH:P.S.SINAWAL DIST. DATIA (MADHYA
                            PRADESH)

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

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

This criminal revision under Section 397, 401 of Cr.P.C. has been filed by the revisionist assailing the Judgment dated 09.09.2011 passed in Criminal Appeal No.73/2011 by Sessions Judge, Datia District Datia, confirming the judgement dated 22.07.2011 passed by Judicial Magistrate First Class, Datia Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 6/21/2023 10:11:44 AM

Dist. Datia by which petitioners have been convicted for the offence under Sections 323, 325/34 of IPC sentenced them to undergo 2 years RI with fine of Rs. 500/- each, with default stipulation.

Learned counsel for the petitioners made submission that incident is of the year 2010 and about more than 13 years has been passed. In these situation, they does not want to press their petition on merit. 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, this Court is of the view that the incident is of the year 2010 and about 13 years has been passed therefore, in this situation, the

sentence of two years imposed under Sections 323, 325/34 of IPC is reduced t o the period already undergone by them, enhancing the fine amount from Rs.500/- each to Rs.5,000 - Rs.5000/- each (in respect of both the offences) which shall be paid to complainant by way of compensation.

The amount of compensation be deposited in the trial Court within two months from the date of receipt of certified copy of this order, failing which petitioners shall undergo the original sentence awarded by the trial Court. The petitioners are on bail, 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

Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 6/21/2023 10:11:44 AM