Citation : 2023 Latest Caselaw 9627 MP
Judgement Date : 26 June, 2023
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. 287 of 2011
BETWEEN:-
SAVAR SINGH S/O RAMKAILASH JATAV, AGED ABOUT
26 YEARS, R/O MAHAVEER NAGAR, DISTT.BHIND
(MADHYA PRADESH)
.....PETITIONER
(BY SHRI H.S.RANA- ADVOCATE )
AND
STATE OF M.P. TH: P.S. DEHAT DISTT. BHIND (MADHYA
PRADESH)
.....RESPONDENT
(BY SHRI NITIN GOYAL- PANEL LAWYER FOR THE STATE )
Th is revision coming on for hearing this day, th e court passed the
following:
ORDER
This revision has been filed by the petitioner against the judgment dated
24.3.2011 passed by the Sessions Judge, Distt. Bhind, in Criminal Appeal No.225/2010 affirming the judgment dated 30.9.2010 passed by the CJM, Bhind, in Criminal Case No.4069/2006 convicting petitioner under Section 323 of IPC and sentencing him to suffer 3 months RI with fine of Rs.1,000/-.
Learned counsel for the petitioner/accused submitted that he does not want to challenge the conviction of the petitioner for the aforesaid offence. As Signature Not Verified regards sentence, it is submitted by learned counsel for the petitioner that Signed by: MADHU SOODAN PRASAD incident took place on 4.11.2006 and petitioner has been facing agony of trial Signing time: 27-06-2023 10:22:42 AM
for the last 17 years. Petitioner has already suffered incarceration of 13 days. Amount of fine has been deposited by him. Therefore, while maintaining his conviction, his remaining jail sentence may be reduced to the period already undergone by him.
Learned counsel for the State supported the impugned judgment. Heard learned counsel for the parties and perused the impugned judgment.
Looking to the facts and circumstances of the case, ends of justice would meet if while maintaining conviction of the petitioner for the offence punishable under Section 323 of IPC, his jail sentence is reduced to the period
already undergone by him. Accordingly, while maintaining conviction of the petitioner under Section 323 of IPC, his jail sentence is reduced to the period already undergone by him.
With the aforesaid, the revision stands disposed of.
(DEEPAK KUMAR AGARWAL) JUDGE ms/-
Signature Not Verified Signed by: MADHU SOODAN PRASAD Signing time: 27-06-2023 10:22:42 AM
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