Shyamsingh vs The State Of Madhya Pradesh
2023 Latest Caselaw 9363 MP

                                                              1
                            IN       THE    HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                       BEFORE
                                           HON'BLE SHRI JUSTICE ANIL VERMA
                                                  ON THE 22 nd OF JUNE, 2023
                                            CRIMINAL REVISION No. 1514 of 2014

                          BETWEEN:-
                          1.     SHYAMSINGH S/O HARISINGH,
                                 AGED ABOUT 23 YEARS,
                                 OCCUPATION: LABOURER

                          2.     LAKHAN S/O HARISINGH,
                                 AGED ABOUT 21 YEARS,
                                 OCCUPATION: LABOURER

                                 BOTH R/O: VILLAGE- BHYANA,
                                 P.S. KANAD, DISTRICT SHAJAPUR              (MADHYA
                                 PRADESH)

                                                                                         .....PETITIONERS
                          (BY SHRI ARVIND KUMAR SHARMA - ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH
                          THROUGH     DISTRICT  MAGISTRATE,                 SHAJAPUR
                          (MADHYA PRADESH)

                                                                                         .....RESPONDENT
                          (BY SHRI SUHAS PUNDLIK - GOVERNMENT ADVOCATE)

                                 T h is revision coming on for orders this day, t h e cou rt passed the
                          following:
                                 Today this revision is listed for consideration of IA No.9183 of 2023,
                          which is an application under Section 70(2) of Cr.P.C. for recalling the warrant,
                          but both the parties are agree to argue the matter finally.
                                 Therefore, with the consent of the parties, this criminal revision is heard
                          finally.
Signature Not Verified
Signed by: TRILOK SINGH
SAVNER
Signing time: 27-Jun-23
10:15:50 AM
                                                               2


                                                               ORDER

1. The petitioners have preferred the present criminal revision under Section 397 & 401 of Cr.P.C. against the impugned judgment dated 4.12.2014 passed by the ASJ, Agar, District Shajapur in Criminal Appeal No.299/12, whereby judgment dated 1.6.2012 passed by the JMFC, Agar in Criminal Case No.456/2011 has been upheld, whereby appellant Shyam Singh has been convicted for the offence under Section 325/34 and 323/34 of IPC and sentenced to 6 months R.I. with fine of Rs.200/- and 3 months R.I. with fine of Rs.200/- respectively, with usual default stipulation. Appellant Lakhan Singh has

been convicted for the offence under Section 325 and 323 of IPC and sentenced to 6 months R.I. with fine of Rs.200/- and 3 months R.I. with fine of Rs.200/- respectively, with usual default stipulation.

2. The prosecution story, in brief, is that on 10.6.2011 at about 11 A.M. complainant Ramu Bai saw that petitioners/accused Shyam Singh and Lakhan were throwing thorns in her stockyard (Baada), when she objected then both the petitioners abused her in a filthy language and Shyam Singh caught hold her, then Lakhan hit by fist upon her mouth, due to which her tooth got broken. While her daughter Mamta came there for intervention, then Lakhan gave blow of axe upon her right hand and also hit her by fist upon her mouth. Mamta also sustained injury. Kailash Bai also threatened them that if they came in their premises, they will kill them. Complainant Ramu Bai lodged an FIR at P.S. Kanad, District Shajapur. Accordingly offence has been registered.

3. Dr. Shashank Saxena (PW-5) performed MLC of both the victim persons and opined that injury No.2 sustained by Ramu Bai is grievous in nature and all other injuries sustained by the victim persons are simple in nature. Signature Not Verified Signed by: TRILOK SINGH SAVNER Signing time: 27-Jun-23 10:15:50 AM

4. After completion of the investigation, charge sheet has been filed before the JMFC, Agar who conducted the trial and after recording the evidence, trial Court has convicted and sentenced the petitioners/accused as mentioned herein-above.

5. Petitioners preferred the first appeal before the ASJ, Agar, but the same was partly allowed and co-accused Kailash Bai has been acquitted by the appellate court from all the charges. Being aggrieved by both the judgments, this criminal revision is preferred.

6. The petitioners have preferred the present revision on various grounds, but during the course of the argument learned counsel for the petitioners submitted that petitioners do not want to press this criminal revision on merit and they are not assailing the conviction part of the judgment, but he has confined his argument only to the extent of quantum of sentence part. His sole prayer is that the imprisonment of the petitioners be reduced to the period already undergone, as the petitioner Lakhan has already suffered more than 45 days jail incarceration and petitioner Shyam Singh has suffered about 20 days jail incarceration and they are facing trial since last 12 years. During the trial as well as pendency of appeal and this criminal revision, the petitioners have cooperated. They are not having any criminal past. Therefore, it is prayed that the jail sentence of the petitioners may be reduced to the period already

undergone by them.

7. Per contra, learned GA for respondent/State opposed the revision and prayed for its dismissal by submitting that both the courts below have rightly convicted and sentenced the petitioners and the sentence in question is sufficient.

8. Heard learned counsel for both the parties and perused the record. Signature Not Verified Signed by: TRILOK SINGH SAVNER Signing time: 27-Jun-23 10:15:50 AM

9. In view of the submissions made by counsel for the petitioners, although the conviction has not been challenged by the petitioners but from perusal of the evidence available on record also justified the judgment of conviction passed by the trial Court and the first appellate court.

10. So far as the quantum of sentence is concerned, the submission made by learned counsel for the petitioners appears to be just and proper. The petitioner Shyam Singh has remained in custody from 4.12.2014 to 23.12.2014 and petitioner Lakhan has remained in custody from 4.12.2014 to 23.12.2014 and from 2.11.2019 to 19.11.2019. Petitioners are facing the trial since 2014. Therefore, it would be appropriate to reduce the jail sentence awarded to them.

11. Considering the aforesaid, I deem it proper to reduce the jail sentence of both the petitioners to the period already undergone by them. The fine amount imposed by both the courts below is hereby affirmed.

12. Consequently the present Criminal Revision is partly allowed to the extent as indicated above. The bail bonds and surety bonds of the petitioners stand discharged.

13. The arrest warrant issued by this Court against the petitioners is cancelled. Registry is directed to issue necessary direction to the concerned police authority in this regard.

14. The order regarding disposal of the property as pronounced by the trial Court is also affirmed.

15. Let a copy of this order along with the record of the trial Court and the first appellate court be sent back to the concerned court for necessary action.

C.C. as per rules.

Signature Not Verified Signed by: TRILOK SINGH SAVNER Signing time: 27-Jun-23 10:15:50 AM

(ANIL VERMA) JUDGE trilok

Signature Not Verified Signed by: TRILOK SINGH SAVNER Signing time: 27-Jun-23 10:15:50 AM