Rameshwar Kirar vs The State Of Madhya Pradesh
2023 Latest Caselaw 3725 MP

                                   1
 IN     THE        HIGH COURT OF MADHYA PRADESH
                         AT GWALIOR
                          BEFORE
       HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                       ON THE 2 nd OF MARCH, 2023
                   CRIMINAL REVISION No. 843 of 2023

BETWEEN:-
RAMESHWAR KIRAR S/O BHEEKAMSINGH KIRAR,
AGED ABOUT 28 YEARS, NAVGRAH COLONY GATE NO.
2, GOL PAHADIYA, LASHKAR, GWALIOR AT PRESENT
PAR, THANA PANIHAR, GWALIOR (MADHYA PRADESH)

                                                                .....PETITIONER
(BY SHRI RAVI DWIVEDI- ADVOCATE)

AND
THE STATE OF MADHYA PRADESH INCHARGE POLICE
STATION THROUGH POLICE STATION JANAKGANJ,
GWALIOR (MADHYA PRADESH)

                                                             .....RESPONDENTS
(BY SHRI G.P. CHAURASIYA - PUBLIC PROSECUTOR)

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

Aggrieved by the judgment of trial Court by which petitioner was convicted for the offence under Sections 498-A of IPC and sentenced to undergo 1 year R.I. and fine of Rs.500/- and also convicted under Section 323 of IPC and sentenced to undergo 6 months R.I. with fine of Rs.500/- with default stipulation. Petitioner preferred an appeal before the appellate Court which was affirmed by the appellate Court.

Learned counsel for the petitioner does not want to press this petition on merits and prays that in lieu of sentence fine should be enhanced.

As per prosecution case, the marriage of complainant was solemnized on 30.04.2012 with petitioner. The petitioner was demanded in dowry of 10 lacs rupees cash and motor cycle which was given by the parents of complainant. After that also the complainant was beaten by the petitioner. Therefore, complainant lodged a report. On the basis of report, Crime was registered. Thereafter, charge-sheet has been submitted. After trial, trial Court convicted the petitioner for the aforesaid offences.

Learned counsel for the petitioner submits that he is a poor labourer. He is facing judicial process for the last 11 years.

Learned counsel for the State supported the impugned judgment.

Heard learned counsel for the parties and perused the record. In view of the arguments advanced by the counsel for the petitioner and after perusing the record, the incident is of the year 2012, about 11 years has been passed, in these situation, in lieu of sentence of one year imposed under Sections 498-A of IPC is reduced to the period already undergone by him, enhancing the fine amount from Rs.500/- to Rs.5000/- and under Section 323 of IPC is reduced to the period already undergone by him enhancing the fine amount from 500/- to Rs.2500/-which shall be paid to the complainant by way of compensation. The other offences under Motor Vehicles Act have been set aside for the period already undergone by the petitioner.

The amount of compensation be deposited in the trial Court within one month 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 bonds stands discharged.

With the aforesaid, the revision stands disposed of.

(DEEPAK KUMAR AGARWAL) JUDGE mani

SUBASRI MANI 2023.03.03 12:20:06 -08'00'