Veer Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 9230 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. 358 of 2014

                            BETWEEN:-
                            1.    VEER SINGH S/O SHRI SIRNAM SINGH, AGED
                                  ABOUT 38 YEARS, OCCUPATION: AGRICULTURE
                                  VILL.BAHADURPUR TEH MUNGAWALI DIST.
                                  AHSOKNAGAR (MADHYA PRADESH)

                            2.    SMT.KRISHNA BAI W/O VEER SINGH YADAV,
                                  AGED ABOUT 35 YEARS, OCCUPATION: HOUSE
                                  WIFE R/O VILL BAHADURPUR,TEH. MUNGAWALI,
                                  DIST. ASHOKNAGAR (MADHYA PRADESH)

                            3.    SMT.KAMLESH BAI W/O PRAMAL SINGH YADAV,
                                  AGED ABOUT 28 YEARS, OCCUPATION: HOUSE
                                  WIFE R/O VILL BAHADURPUR,TEH. MUNGAWALI,
                                  DIST. ASHOKNAGAR (MADHYA PRADESH)

                                                                                       .....PETITIONERS
                            (BY SHRI AMIT KUMAR GOSWAMI - ADVOCATE)

                            AND
                            THE STATE OF MADHYA PRADESH INCHARGE POLICE
                            STATION BAHADURPUR DIST. ASHOKNAGAR (MADHYA
                            PRADESH)

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

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

Since petitioner No.1 - Veer Singh has died, present criminal revision stands abated against him.

This criminal revision under Section 397, 401 of Cr.P.C. has been filed Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 6/21/2023 10:11:44 AM

by the revisionist assailing the Judgment dated 09.05.2014 passed in Criminal Appeal No.05/2013 by learned Additional Sessions Judge, Mungawali District Ashoknagar confirming the judgement dated 13.12.2012 passed by Judicial Magistrate First Class, Mungawali Dist. Ashoknagar by which petitioners have been convicted for the offence under Section 325/34 of IPC and sentenced them to undergo 1-1 years RI with fine of Rs.1000/- each, with default stipulation.

Learned counsel for the petitioner made submission that incident is of the year 2009 and about more than 14 years has been passed. In these situation, they do 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 2009 and about 14 years has been passed therefore, in this situation, the sentence of one-one year imposed under Section 325/34 of IPC is reduced to the period already undergone by them, enhancing the fine amount from Rs.1000/- each to Rs.2500/- each 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 Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 6/21/2023 10:11:44 AM

Vijay

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