Mukesh Khatik vs State Of M.P.
2023 Latest Caselaw 9601 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. 938 of 2011

                            BETWEEN:-
                            MUKESH KHATIK S/O RATAN LAL KHATIK, AGED
                            ABOUT     25      YEARS, OCCUPATION:   LABOUR
                            VILL.BHADROLI, P.S.MAHARAJPURA, DISTT.GWALIOR
                            (MADHYA PRADESH)

                                                                                         .....PETITIONER
                            (BY SHRI R.SHRIVASTAVA - ADVOCATE)

                            AND
                            1.    STATE OF M.P. TH:P.S.MAHARAJPURA (MADHYA
                                  PRADESH)

                            2.    MANOJ KUSHWAH S/O SHRI PREM SINGH, AGED
                                  ABOUT 30 YEARS, (CO-ACCUSED ABSCONDED
                                  BEFORE THE TRIAL COURT) (MADHYA PRADESH)

                                                                                      .....RESPONDENTS
                            (BY SHRI LOKENDRA SHRIVASTAVA - PUBLIC PROSECUTOR)

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

                            following:
                                                              ORDER

This criminal revision under Section 397, 401 of Cr.P.C. has been filed by the revisionist assailing the Judgment dated 19.10.2011 passed in Criminal Appeal No.00/2011(unregistered) by learned Sessions Judge, Gwalior District Gwalior confirming the judgement dated 29.10.2010 passed by Judicial Magistrate First Class, Gwalior Dist. Gwalior by which petitioner has been convicted for the offence under Section 323, 34 of IPC and sentenced him to

Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 6/27/2023 2:09:37 PM

undergo thee months RI with fine of Rs.200/-, with default stipulation.

Learned counsel for the petitioner made submission that incident is of the year 2008 and about more than 15 years has been passed. It is further submitted that petitioner has suffered total jail incarceration of 12 days out of sentence awarded to him. In these situation, he does not want to press this 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 petitioners and after perusing the record, this Court is of the view that the incident is of 2008 and about 15 years has been passed therefore, in this situation, the sentence of

three months imposed under Section 323 of IPC is reduced to t h e period already undergone by him, enhancing the fine amount from Rs.200/- to Rs.1000/- 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 petitioner is on bail, in case the fine amount is deposited by him, his bail bond stands discharged.

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 2:09:37 PM