Chimpa Alias Yogesh vs The State Of Madhya Pradesh
2023 Latest Caselaw 9400 MP

                                                             1
                           IN    THE       HIGH COURT OF MADHYA PRADESH
                                                 AT INDORE
                                                    BEFORE
                                   HON'BLE SHRI JUSTICE PREM NARAYAN SINGH
                                                 ON THE 22 nd OF JUNE, 2023
                                          CRIMINAL REVISION No. 2369 of 2023

                          BETWEEN:-
                          1.    CHIMPA ALIAS YOGESH S/O SHRI RAMPRASAD,
                                AGED ABOUT 23 YEARS, OCCUPATION: SERVICE
                                32/6, DOCTOR COLONY, DIST. INDORE (MADHYA
                                PRADESH)

                          2.    CHINTU ALIAS DEEPESH S/O SHRI RAMPRASAD,
                                AGED ABOUT 27 YEARS, 32/6, DOCTOR COLONY,
                                DIST. INDORE (MADHYA PRADESH)

                                                                                       .....PETITIONER
                          (SHRI DEVDEEP SINGH, LEARNED COUNSEL FOR THE PETITIONER .

                          AND
                          THE STATE OF MADHYA PRADESH STATION HOUSE
                          OFFICER THROUGH POLICE STATION HEERA NAGAR
                          DIST. INDORE (MADHYA PRADESH)

                                                                                     .....RESPONDENTS
                          (SHRI RAJESH JOSHI APPEARING ON BEHALF OF ADVOCATE
                          GENERAL.

                                T h is revision coming on for orders this day, t h e cou rt passed the
                          following:
                                                              ORDER

With consent of the parties heard finally.

1. This criminal revision under Section 397/401 of Cr.P.C.has been filed by the petitioners being aggrieved by the judgment dated 23.05.2023 passed by the learned 11th Additional Sessions Judge, Indore District Indore in Cr.A.No.351/2022, affirming the judgment dated 16.11.2022 passed by learned Judicial Magistrate First Class, in criminal case No.9602237/2003 whereby the Signature Not Verified Signed by: AMIT KUMAR Signing time: 6/23/2023 3:37:15 PM

petitioners have been convicted for offence under Sections 323/34 of IPC for 06 months R.I. and fine of Rs. 1000/- each with default stipulations.

2. The petitioners have preferred this criminal revision on several grounds but during the course of arguments, learned counsel for the petitioners did not press this revision on merit and not assails the finding part of judgment. He confines his argument on the point of sentence only and prays that since the petitioners have already undergone one month in jail incarceration, their sentence be reduced to the period already undergone. It is further submitted that the petitioners deserve some leniency as the petitioners have already suffered the ordeal of the trial since 2003 i.e.for a period of 20 years. It is further submitted

that this petition be partly allowed and the sentence awarded to the petitioners be reduced to the period already undergone by the petitoners.

3. Learned counsel for the State on the other hand supports the impugned judgment and prays for dismissal of this revision.

4. Having considered the rival submissions and on perusal of the record, the submission of the learned counsel for the petitioners appears to be just and proper.

5. However, the learned trial Court as well as the learned Appellate Court has not committed any error in appreciation of evidence available on record. Both the Courts below have well considered the material available on record, hence, no infirmity is found in the impugned order of conviction passed by both the Courts below, accordingly, the same is upheld.

6. So far as the sentence of the petitioners is concerned, after the lapse of almost 20 years period, the submissions has been made by the petitioners to reduce the sentence of the petitioners to the period already undergone. The

Signature Not Verified Signed by: AMIT KUMAR Signing time: 6/23/2023 3:37:15 PM

petitioners have suffered the ordeal of criminal case since 2003 and there are no criminal record/antecedents of the petitioners, this Court finds it expedient to partly allow this revision petition by affirming the conviction of the petitioners.

7. Accordingly, this revision petition is partly allowed and the sentence awarded to the petitioners is hereby reduced to the sentence already undergone with fine of Rs.1000/- under Section 323/34 of IPC each.

8. The amount of fine amount of Rs.1000/- each to be deposited by both the petitioners within a period one month from today, if not deposited.

9. Since the petitioners are not on bail, they shall be released forthwith after deposition of the fine amount. Their bail bonds stand discharged.

10. If the total amount of fine has already been deposited by the petitioners, Rs.2000/- would be paid to the injured Mahendra @ Pappu.

11. A copy of this order be send to the concerned trial Court for necessary compliance.

12. Order of the learned trial Court regarding the seized property stands confirmed.

13. Pending application, if any, stands closed. C.C.as per rules.

(PREM NARAYAN SINGH) JUDGE amit

Signature Not Verified Signed by: AMIT KUMAR Signing time: 6/23/2023 3:37:15 PM