Ramu vs State Of M.P.
2023 Latest Caselaw 3803 MP

                                                       1
                 IN         THE       HIGH COURT OF MADHYA PRADESH
                                            AT GWALIOR
                                              BEFORE
                           HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                          ON THE 3 rd OF MARCH, 2023
                                      CRIMINAL REVISION No. 547 of 2010

               BETWEEN:-
               1.          RAMU S/O MANSINGH , AGED ABOUT 30 YEARS,
                           OCCUPATION: LABOUR, R/O VILL. KALADEV,
                           P.S.UNARSIKALA, TEH. LATERI, DISTT. VIDISHA
                           (MADHYA PRADESH)

               2.          RADHESHYAM SHARMA S/O BABULAL SHARMA ,
                           AGED ABOUT 30 YEARS, OCCUPATION: LABOUR
                           R/O KALADEV, THANA UNARSIIKALA, TAHSIL
                           LATERI DISTT. VIDISHA (MADHYA PRADESH)

                                                                                  .....PETITIONERS
               (BY SHRI RAJKUMAR SINGH KUSHWAH- ADVOCATE )

               AND
               STATE OF M.P. THROUGH SHO POLICE STATION
               LATERI, DISTT. VIDISHA (MADHYA PRADESH)

                                                                                  .....RESPONDENT
               (BY SHRI B.M.SHRIVASTAVA- PUBLIC PROSECUTOR FOR THE STATE )

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

               following:
                                                        ORDER

In compliance of bailable warrants issued by this Court, petitioners present in person before this Court. They are identified by their counsel Shri Rajkumar Singh Kushwaha.

With the consent of learned counsel for the parties, matter is heard Signature Not Verified finally.

Signed by: MADHU SOODAN PRASAD Signing time: 04-03-2023 10:07:14 AM This revision has been filed by the petitioners against the judgment dated

8.7.2010 passed by the Additional Sessions Judge, Sironj, Distt. Vidisha, in Criminal Appeal No.4/2009 affirming the judgment of the JMFC, Sironj, Distt. Vidisha, in Criminal Case No.91/2007 on 16.4.2009 convicting petitioners under Section 420 of IPC and sentencing them to suffer 2 years RI with fine of 500/- each.

Brief facts necessary for disposal of this revision are that on 27.3.2007 complainant Sunderbabu Saxena, Secretary of Cooperative Bank, Branch Anandpur, lodged an FIR against the petitioners that before one month petitioners on account of need of money mortgaged a gold brick and took Rs.60,000/- from him by way of loan. They did not repay the amount within

one month as promised by them. When he checked gold brick, he found that it is not made of gold. On his complaint, offence was registered. Petitioners were arrested. After investigation, charge-sheet was filed. Trial was conducted. After trial, petitioners were convicted under Section 420 of IPC as aforesaid. Being aggrieved by the aforesaid, petitioners preferred appeal which was dismissed affirming the judgment of the trial Court.

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 in 2007 and they are facing agony of trial for the last 15 years. Both the petitioners have already suffered jail sentence of 15 days each. 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. Signature Not Verified Signed by: MADHU SOODAN PRASAD Heard learned counsel for the parties and perused the record. Signing time: 04-03-2023 10:07:14 AM 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.30,000/- each under Section 420 of IPC. Accordingly, while affirming the conviction of the petitioners under Section 420 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.30,000/- which shall be deposited by them within a period of two months 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.

(DEEPAK KUMAR AGARWAL) JUDGE ms/-

Signature Not Verified Signed by: MADHU SOODAN PRASAD Signing time: 04-03-2023 10:07:14 AM