Tussi vs State Of M.P.
2023 Latest Caselaw 9228 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. 68 of 2012

                          BETWEEN:-
                          TUSSI S/O SAVAI BAGHEL, AGED ABOUT 45 YEARS,
                          OCCUPATION: KHETI GRAM KHAUGHAR THANA
                          SIRSAUD, DISTT.SHIVPURI (MADHYA PRADESH)

                                                                                            .....PETITIONER
                          (NONE FOR THE PETITIONER)

                          AND
                          STATE OF M.P. TH:P.S.SIRSOD (MADHYA PRADESH)

                                                                                          .....RESPONDENTS
                          (BY SHRI LOKENDRA SHRIVASTAVA- PUBLIC PROSECUTOR )

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

This criminal revision is pending since 2012. This revision has been filed by the petitioner against the judgment dated

19.01.2012 passed by the learned Sessions Judge Shivpuri in Criminal Appeal No.164/2011 by which appeal filed by the petitioner has been partly allowed convicting petitioner under Section 325 of IPC and sentencing him to suffer three months RI with fine of 3000/- with default stipulation.

Perused impugned judgment as well as record. Since occurrence has taken place in the year 2010, the petitioners has suffered custody for about 20 days, petitioner was on bail during trial and he

Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 6/21/2023 11:34:35 AM

had never misused the liberty granted to them, fine amount has already been deposited by the petitioner, therefore, sentence awarded to the petitioner for the aforesaid offence is reduced to the period already undergone by him by enhanced fine amount to Rs.5000/- from Rs.3000/-.

Accordingly, this revision is partly allowed. While maintaining conviction of the petitioner for aforesaid offence, the sentence awarded to the petitioner is hereby reduced to the period already undergone by him. However, sentence of fine is enhanced to Rs.5000/- from Rs.3000/- in respect of offence under Section 325 of IPC against the petitioner. The fine amount, if any, deposited by petitioner shall be adjusted in the enhance amount. Two months'

time from the date of receipt of copy of this order is hereby granted to the petitioner to deposit the aforesaid fine amount and the same shall be payable to complainant(s) by way of compensation, failing which petitioner shall undergo further one month additional imprisonment. Petitioner is on bail, his bail bonds stand discharged.

Let a copy of this order along with record of trial Court be sent back forthwith.

(DEEPAK KUMAR AGARWAL) JUDGE ojha

Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 6/21/2023 11:34:35 AM