Kamal vs The State Of Madhya Pradesh
2023 Latest Caselaw 9567 MP

                                                             1
                          IN     THE       HIGH COURT OF MADHYA PRADESH
                                                 AT INDORE
                                                    BEFORE
                                   HON'BLE SHRI JUSTICE PREM NARAYAN SINGH
                                                 ON THE 26 th OF JUNE, 2023
                                          CRIMINAL REVISION No. 1108 of 2016

                         BETWEEN:-
                         KAMAL S/O MANGAT, AGED ABOUT 38 YEARS,
                         OCCUPATION: AGRICULTURIST
                         R/O. VILLAGE PREM NAGAR
                         PS MENGAUN DIST. KHARGONE
                         (MADHYA PRADESH)

                                                                                       .....PETITIONER
                         (SHRI MANISH YADAV - ADVOCATE)

                         AND
                         THE STATE OF MADHYA PRADESH STATION HOUSE
                         OFFICER THROUGH PS MENGAUN DIST. KHARGONE
                         (MADHYA PRADESH)

                                                                                    .....RESPONDENTS
                         (SHRI RAJESH JOSHI - GOVT. ADVOCATE )

                               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.

This criminal revision under Section 397/401 of Cr.P.C.has been filed by the petitioner being aggrieved by the judgment dated 22.08.2016 passed by the learned Second Additional Sessions Judge, Khargone, District West Nimar in Cr.A.No.402/2013, whereby the appeal was partly allowed by affirming the order of conviction of the appellant passed by Chief Judicial Magistrate, Khargone for offence under Section 325/34 of IPC, 1860 and sentence of 1 year R.I with fine and default stipulations.

Signature Not Verified Signed by: SUMATHI Signing time: 27-06-

2023 18:47:32

2. Relevant facts, briefly stated are that when complainant Seetabai along with her husband and daughter was working in her land, the petitioner along with other accused persons came there and started abusing her. It is further alleged that they assaulted complainant's daughter with wooden sticks, when the complainant went in rescue the accused persons assaulted her also due to which she sustained injury. Complainant filed a report against the accused persons. On the basis of which Police registered FIR bearing Crime No.180/2008 against the accused persons. Injured persons were sent for medical examination. In the medical examination, it was found that the injuries sustained were simple in nature. Applicants were arrested and the statement of witnesses

were recorded. After completion of investigation charge-sheet was filed against the applicants for offence under Sections 325/34 and 323/34 of IPC, 1860.

3. Trial Court, while passing the judgment, convicted the applicants for offence punishable under Section 325/34 and 323/34 of IPC, 1860 and sentenced to undergo 1 year and 3 months R.I. with a fine of Rs.200/- and usual default stipulation respectively. An appeal was filed against the said conviction and sentence, which was partly allowed vide judgment dated 22.08.2014. This judgment is under challenge in the present revision petition

4. Counsel for applicant submits that the applicant has already undergone jail sentence of 18 days out of six months. The incident took place in the year 2008. The applicant was on bail during trial, appeal and revision and did not misuse the liberty. He maintained good record and relation with the complainant. No purpose would be served in sending the applicant in jail after such long period. Therefore, the applicant may be sentenced to the period already undergone and fine amount may be increased which may be directed to be paid to the complainant.

Signature Not Verified Signed by: SUMATHI Signing time: 27-06-

2023 18:47:32

4. Counsel for State do not dispute the aforesaid facts.

5. So far as the finding regarding conviction of the applicant is concerned the incident is well supported by complainant /injured persons. It is also supported by the medical testimony of Dr. Chetan Patothe and as per X-ray report there was a fracture in lower parts of radius bone. As such in view of the aforesaid, the findings of conviction recorded by learned trial Court as well as the First Appellate Court has no infirmity and warrants no interference, therefore, the finding of conviction under Sections 325 and 323/34 of IPC is affirmed.

6. Now coming to the point of sentence, after hearing learned counsel for parties and taking into consideration the short jail sentence of the applicant and the period already undergone by him, I am of the opinion that a case is made out for sentencing the applicant to the period already undergone with enhancement of fine amount. Further the incident had taken place in the year 2008 and the applicant has maintained good record and did not misuse the liberty. No purpose would be served in sending the applicant in jail after such a long period. Therefore, the revision is partly allowed. The conviction is maintained. The jail sentence of the applicant is reduced to the period already undergone by him and the fine amount is enhanced from Rs.200/- to Rs.10,000/- which shall be deposited by the applicant with the trial court within a month from today. Out of the said amount Rs.5000/- shall be paid to the complainant-Seetabai by the trial court. The bail bonds of the applicant shall be discharged after deposit of the fine amount.

6. In case if the applicant fails to deposit the fine amount within the aforesaid period, the applicant shall undergo the remaining jail sentence as per the order of appellate court.

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

Certified copy, as per rules.

Signature Not Verified Signed by: SUMATHI Signing time: 27-06-

2023 18:47:32

(PREM NARAYAN SINGH) JUDGE sumathi

Signature Not Verified Signed by: SUMATHI Signing time: 27-06-

2023 18:47:32