Pappu vs The State Of Madhya Pradesh
2023 Latest Caselaw 3665 MP

                                                           1
                          IN    THE       HIGH COURT OF MADHYA PRADESH
                                                AT GWALIOR
                                                  BEFORE
                               HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                              ON THE 1 st OF MARCH, 2023
                                          CRIMINAL REVISION No. 853 of 2023

                         BETWEEN:-
                         1.    PAPPU S/O BIHARI ADIWASI, AGED ABOUT 31
                               YEAR S, VILLAGE MANIKPUR POLICE STATION
                               MAYAPUR (MADHYA PRADESH)

                         2.    HARNAM S/O SHRI GHANSU ADIWASI, AGED
                               ABOUT 60 YEARS, VILLAGE MANIKPUR, POLICE
                               STATION   MAYAPUR,    DISTRICT SHIVPURI
                               (MADHYA PRADESH)

                         3.    KARIYA S/O SHRI HARNAM ADIWASI VILLAGE
                               MANIKPUR,      POLICE STATION   MAYAPUR,
                               DISTRICT SHIVPURI (MADHYA PRADESH)

                                                                                       .....PETITIONER
                         (SHRI SOORAJ BHAN LODHI, LEARNED COUNSEL FOR PETITIONERS)

                         AND
                         THE STATE OF MADHYA PRADESH THROUGH TOWN
                         INSPECTOR POLICE STATION MAYAPUR THROUGH
                         POLICE STATION MAYAPUR (MADHYA PRADESH)

                                                                                    .....RESPONDENTS
                         (SHRI C.P. SINGH, LEARNED PANEL LAWYER FOR 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 10.05.2022 passed by the Additional Sessions Judge Pichhore District Shivpuri in Criminal Appeal No.10/2017 dismissing the appeal preferred by the petitioners affirming the judgment of learned JMFC Pichhore District Shivpuri Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 3/1/2023 6:09:16 PM

convicting the petitioners under Section 324/34 of IPC and sentencing them to suffer one year R.I. with fine of Rs.500/- and under Section 325/34 of IPC sentencing them to suffer two years R.I. with fine of Rs.500/- with default stipulation.

Learned counsel for the petitioners/accused submitted that he does not want to challenge the conviction of the petitioners for the aforesaid offence. As regards sentence, it is submitted by learned counsel for the petitioners that incident took place on 13.08.2013. They are facing ordeal of trial for the last more than 9 years. Therefore, while enhancing the fine amount suitably, sentence of the petitioners be reduced to the period already undergone by

them.

Learned counsel for the State supported the impugned judgment. Heard learned counsel for the parties and perused the record. Looking to the facts and circumstances of the case, ends of justice would meet if while reducing the jail sentence of the petitioners to the period already undergone by them, the fine is enhanced from Rs.500/- to Rs.10,000/- under Section 324/34, 325/34 of IPC. Accordingly, while affirming the conviction of the petitioners under Section 324/34, 325/34 of IPC, jail sentence of the petitioners is reduced to the period already undergone by them and fine amount is enhanced from Rs.500/- to Rs.10,000/- each which shall be deposited by them within a period of one month from today, failing which the petitioners will have to suffer the sentence as awarded by the Courts below. The amount of fine so deposited by the petitioners be given to the complainant under Section 357 of Cr.P.C. as compensation.

With the aforesaid, the revision stands disposed of.

Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 3/1/2023 6:09:16 PM

(DEEPAK KUMAR AGARWAL) JUDGE ojha

Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 3/1/2023 6:09:16 PM