Lal Singh vs State Of M.P.
2023 Latest Caselaw 3905 MP

                                                       1
                 IN         THE       HIGH COURT OF MADHYA PRADESH
                                            AT GWALIOR
                                              BEFORE
                           HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                          ON THE 13 th OF MARCH, 2023
                                      CRIMINAL REVISION No. 735 of 2010

               BETWEEN:-
               1.          LAL SINGH S/O SARDAR SINGH , AGED ABOUT 27
                           YEARS, R/O VILL..BADI, MADHAIYA KEDARPUR
                           GWALIOR (MADHYA PRADESH)

               2.          PATIRAM SINGH S/O ATAR SINGH , AGED ABOUT
                           26     YEARS, R/O   VILL..BADI,  MADHAIYA
                           KEDARPUR GWALIOR (MADHYA PRADESH)

                                                                                  .....PETITIONERS
               (BY SHRI DHIRENDRA SINGH NIRANJAN- ADVOCATE )

               AND
               STATE OF M.P. THROUGH POLICE STATION JHANSI
               ROAD, DISTT. GWALIOR (MADHYA PRADESH)

                                                                                  .....RESPONDENT
               (BY SHRI C.P.SINGH- 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 petitioners against the judgment dated 31.8.2010 passed by the 1st Additional Sessions Judge, Gwalior, in Criminal Appeal No.355/2010 affirming the judgment dated 12.7.2010 passed by JMFC, Gwalior, in Criminal Case No.2022/2009 convicting the petitioners under Section 325/34 of IPC and sentencing them to suffer one year RI with fine of Signature Not Verified Rs.500/- each.

Signed by: MADHU SOODAN PRASAD Signing time: 14-03-2023 09:49:34 AM Brief facts necessary for disposal of this revision are that allegation

against the petitioners are that they along with co-accused Atar Singh committed Marpeet with injured Ramlakhan by means of Lathi & Lohangi. FIR was lodged. Matter was investigated. Fracture in shaft of proximal phalanx of 4th toe of right foot was found. Petitioners and co-accused were arrested. After investigation, charge-sheet has been filed. Trial was conducted. After trial, petitioners have been convicted as aforesaid. Being aggrieved by the aforesaid, petitioners preferred appeal which was dismissed.

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 3.2.2009 and petitioners have been facing agony of trial since last 13 years. Petitioners have already suffered incarceration of 19 days. Amount of fine has been deposited by them. 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 to Rs.10,000/- under Section 325/34 of IPC. Accordingly, while affirming the conviction of the petitioners under Section 325/34 of IPC, jail sentence of the petitioners is reduced to the period already undergone by them and fine amount is enhanced to Rs.10,000/- which shall be deposited by them within a period of two months from today, Signature Not Verified failing which the petitioners will have to suffer the sentence as awarded by the Signed by: MADHU SOODAN PRASAD Signing time: 14-03-2023 09:49:34 AM Courts below. The amount of fine so deposited by the petitioners be given to

the injured 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: 14-03-2023 09:49:34 AM