Devraj vs The State Of Madhya Pradesh
2023 Latest Caselaw 9769 MP

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      IN THE HIGH COURT OF MADHYA PRADESH
                             AT JABALPUR
                               BEFORE
       HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
               CRIMINAL REVISION NO.4759 OF 2022
BETWEEN:-
DEVRAJ S/O RAM VILASH @ NANA
LOUWANSHI, AGED ABOUT 28 YEARS,
OCCUPATION:         LABOUR     VILLAGE
BASANIYAKALA TASHIL SEONI MALWA
DISTRICT               NARMADAPURAM
(HOSHANGABAD) (MADHYA PRADESH)
                                               ......APPLICANT
(BY SHRI SOURABH BHUSHAN SHRIVASTAVA - ADVOCATE)


AND


THE   STATE    OF   MADHYA     PRADESH
THROUGH THE POLICE STATION SEONI
MALWA      DISTRICT    NARMADAPURAM
HOSHANGABAD (MADHYA PRADESH)
                                               ...RESPONDENT
(BY SHRI PRADEEP GUPTA - GOVERNMENT ADVOCATE)
.........................................................................................................................................................

Reserved on   : 21.06.2023
Pronounced on : 28.06.2023
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      This petition having been heard and reserved for orders, coming on
for pronouncement this day, the Court pronounced the following:

                                 ORDER

This criminal revision under Section 397/401 of Cr.PC. has been preferred against the appeal judgement dated 06.12.2022 by learned Sessions Judge, Narmadapuram in Criminal Appeal No.102/2021 (Devraj Vs. State of M.P.), whereby judgment dated 27.11.2021, passed by the learned JMFC in R.C.T.No.333/17 convicting the appellant for commission of offence under Section 381 of IPC and awarding him sentence to 1 year RI and fine of Rs.1000/- with default stipulations has been affirmed.

2. As per the prosecution story, applicant Devraj Lowanshi was working as a cook in complaint Amit Pratap Singh's house for last six years. He and his family was having immense trust on him and whenever his family used to go out of village, it use to hand over his entire home and tangible articles to applicant - Devraj. In the month of October- November' 2017 they all had gone to their ancestral village Basaniya Kalan. On 27.10.2017, when they came back from their village to their home at Seoni Malwa, they found one 4 sovereign (tola) gold necklace and one 2 sovereign (tola) gold necklace and one half sovereign (tola) gold finger ring and one Bentex bangle missing from the almirah kept in their bedroom. As applicant was at home and keys of the house were with him he was suspected to have stolen the aforesaid valuable articles. In the course of investigation, Devraj was interrogated. On the basis of

disclosure memo given by him, aforesaid stolen articles were seized from an old box kept in accused rented house situated near Shivpur naka Seoni Malwa. Memorandum Exhibit P/1 and seizure memo Exhibit P/2 were prepared. After investigation, charge sheet was filed.

3. Learned JMFC framed charges for commission of offence under Section 381 of IPC against the applicant. He abjured his guilt and claimed to be tried. In order to prove its case, prosecution examined eight witnesses, whereas accused examined no witness in his defence.

4. Learned trial Court after hearing the parties convicted the appellant for commission of offence under Section 381 of IPC and sentenced him as mentioned herein above.

5. Accused/ applicant preferred an appeal before the Sessions Judge, Narmadapuram assailing the judgment of conviction and order of sentence passed by the learned JMFC, but same was dismissed by the learned Sessions Judge by the impugned appellate judgment affirming conviction and order of sentence passed by the learned trial Court.

6. I have heard learned counsel for the parties and perused the record of Courts below and impugned judgments.

7. At the very outset, learned counsel for the applicant has submitted that applicant does not want to challenge his conviction for commission of offence under Section 381 of IPC. It is submitted that applicant is in jail for more than 7 months and 15 days. He has already suffered maximum part of the sentence. He has no criminal background. It was his first offence. Therefore, it is prayed that quantum of jail sentence may

be reduced to the period already undergone by the appellant and fine sentence may be enhanced.

8. On the other hand, learned counsel for the State has supported the impugned judgment passed by the courts below, but has fairly admitted that appellant is a 28 years old young man with no criminal background. Therefore, it is submitted that he has no objection if his jail sentence is reduced to the period already undergone by him but has prayed for enhancement of fine amount as fine of Rs.1000/- is on lower side.

9. On examining the evidence of Amit Pratap singh (PW-3) and Mithlesh Singh Rajput (PW-4), it is apparent that in the month of October-November, 2017, theft was committed in their house and someone had stolen two gold necklace of four sovereign (tola), two sovereign (tola), One finger ring and one bentex bangle from the almirah kept in the house. FIR Exhibit P/7 was lodged by Amit Pratap Singh (PW-3) after the return of family from the village. In this regard, their evidence stands fortified from the evidence of Umed Singh Rajput (PW-5).

10. On examining and scanning the evidence of Apoorv Kumar (PW-1), Sanu @ Faisal Qureshi (PW-2) and Umed Singh Rajput (PW-8), it is apparent that on the basis of disclosure of memo given by the Devraj two gold necklace of four sovereign (tola) and two sovereign (tola) and one gold finger ring and one bentex bangle was seized from the box kept in the rented house of Devraj. Memorandum Exhibit P/1 and P/2 have been duly prepared and proved. The evidence of the witnesses of memos find further corroboration from the evidence of Ramdas Lowanshi (PW-5), Arjun (PW-

6) and Pankaj Soni (PW-7). Thus, on a meticulous scrutiny of the evidence of witnesses, it is apparent that learned trial Court did not commit any error in convicting the appellant for commission of offence under Section 381 of Cr.P.C and learned Sessions Judge has also not committed any error in affirming the judgement of conviction passed by the learned trial Court. Thus, no illegality, impropriety or incorrectness is visible in the impugned appeal judgment. Hence, findings of conviction recorded by the courts below for commission of offence under Section 381 of IPC against the appellant are hereby confirmed.

11. As far quantum of sentence is concerned, applicant has already suffered more than 7 months and 15 days in jail. It is his first offence. therefore, it appears just, proper and reasonable to reduce his jail sentence to the period already undergone by him so far. But looking to facts and circumstances of the case fine sentence is enhanced from 1000/- to Rs.6000/-.

12. Consequently, this revision application is allowed in part to the extent of modification of jail sentence only. Instead of one year R.I., jail sentence of applicant - Devraj Lowanshi is reduced to the period already undergone by him so far but fine sentence is enhanced from Rs.1000/- to the tune of Rs.6000/-. Registry is directed to prepare super session warrant and to send it to concerned Jail Authority then and there with a direction that if applicant

- Devraj Lowanshi is not required in any other offence, he be released in this case forthwith. He is directed to deposit the enhanced fine sentence of Rs.5,000/- within a period of thirty days from today. In case of failure to

deposit the enhanced fine sentence, he shall undergo RI for a further period of three months.

13. Record of the Court below along with a copy of the order be sent down to the Court concerned through the Sessions Judge, Narmadapuram for compliance.

13. With the aforesaid modification, this revision is partly allowed and

disposed of accordingly.

(DINESH KUMAR PALIWAL) JUDGE Jasleen

Digitally signed by JASLEEN SINGH SALUJA Date: 2023.06.28 18:52:52 +05'30'