Gangasewak vs State Of M.P.
2023 Latest Caselaw 9596 MP

                                                              1
                             IN    THE       HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                     BEFORE
                                  HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                                   ON THE 26 th OF JUNE, 2023
                                             CRIMINAL REVISION No. 975 of 2009

                            BETWEEN:-
                            1.    GANGASEWAK S/O S/O PHULJHARI , AGED ABOUT
                                  54  YEARS, OCCUPATION: R/O VILL. GARHA
                                  THANA       PHOOP,DISTT. B H I N D (MADHYA
                                  PRADESH)

                            2.    LAL SINGH S/O GANGASEVAK , AGED ABOUT 34
                                  YEARS, OCCUPATION: R/O VILL.GADHA THANA
                                  PHOOP DISTT.BHIND (MADHYA PRADESH)

                                                                                          .....PETITIONERS
                            (BY SHRI AJEET SINGH BHADORIA - ADVOCATE)

                            AND
                            STATE OF M.P. THROUGH POLICE STATION PHOOPH
                            DIST. BHIND (MADHYA PRADESH)

                                                                                          .....RESPONDENT
                            (BY SHRI VPS TOMAR - PANEL LAWYER)

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

                            following:
                                                               ORDER

Learned counsel for the petitioner informed that Petitioner No.1 - Gangasevak s/o Phooljaari has beed died.

In view of the aforesaid, this appeal stands abated so far as it relates to appellants No.1 - Gangasevak. His name be deleted from the memo of revision.

This criminal revision under Section 397, 401 of Cr.P.C. has been filed by the revisionist assailing the Judgment dated 10.12.2009 passed in Criminal

Signature Not Verified Appeal No. 89/2009 by Fourth Additional Sessions Judge, Bhind by which the Signed by: VIJAY TRIPATHI Signing time: 6/27/2023 2:06:38 PM

judgement dated 04.08.2009 passed in Criminal Case No. 2972/2006 by Judicial Magistrate First Class Bhind has been affirmed.

Learned trial Court vide its judgment convicted the petitioner for the offence under Section 326, 326/34, 323, 323/34 of IPC and sentenced him to undergo 2 years RI with fine of Rs. 1,000/-, 2 years RI with fine of Rs.1,000/-, 3 months RI and 3 months RI with default stipulations respectively. The petitioner preferred an appeal against the judgment before the appellate court. The appellate court set aside his appeal.

Learned counsel for the petitioner made submission that incident is of the year 2004 and about more than 19 years has been passed. He has suffered jail

incarceration of 33 days out of his total jail sentence. In these situation, he does not want to press his petition on merits. It is submitted that in lieu of sentence, fine amount may be enhanced.

In view of the arguments advanced by the counsel for the petitioner and after perusing the record, the incident took place on 17.05.2004, about 19 years has been passed, in these situation, in lieu of sentence of two years imposed under Section 326, 326/34 of IPC and Section 323, 323/34 of IPC is reduced to the period already undergone by him, by enhancing the fine amount from Rs.1000/- to Rs.10,000/- 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 petitioner shall undergo the original sentence awarded by the trial Court. The appellant is on bail, in case the fine amount is deposited by him, his bail bonds stands discharged.

Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 6/27/2023 2:06:38 PM

With the aforesaid modification, the revision petition stands disposed of.

(DEEPAK KUMAR AGARWAL) JUDGE Vijay

Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 6/27/2023 2:06:38 PM