Madhya Pradesh High Court
Anil vs The State Of Madhya Pradesh on 14 March, 2023
Author: Vijay Kumar Shukla
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
ON THE 14 th OF MARCH, 2023
CRIMINAL REVISION No. 741 of 2023
BETWEEN:-
1. ANIL S/O ANANDRAM YADAV, AGED ABOUT 38
Y E A R S , OCCUPATION: AGRICULTURIST R/O
VILLAGE UMARIA TESHIL KASRAWAD DISTT.
KHARGONE (MADHYA PRADESH)
2. RAMESH S/O KANHIYALAL YADAV, AGED ABOUT
44 YEARS, OCCUPATION: AGRICULTURIST
UMARIA TEH. KASRAWAD, DIST. KHARGONE
(MADHYA PRADESH)
3. BOKHAR S/O GANPAT YADAV, AGED ABOUT 55
YEARS, OCCUPATION: AGRICULTURIST UMARIA
TEH. KASRAWAD, DIST. KHARGONE (MADHYA
PRADESH)
4. RAMKARAN S/O SITARAM YADAV, AGED ABOUT
53 YEARS, OCCUPATION: AGRICULTURIST
UMARIA TEH. KASRAWAD, DIST. KHARGONE
(MADHYA PRADESH)
5. JAGDISH S/O DHULCHAND, AGED ABOUT 40
YEARS, OCCUPATION: AGRICULTURIST UMARIA
TEH. KASRAWAD, DIST. KHARGONE (MADHYA
PRADESH)
6. SACHIN S/O RAMESH YADAV, AGED ABOUT 28
YEARS, OCCUPATION: AGRICULTURIST UMARIA
TEH. KASRAWAD, DIST. KHARGONE (MADHYA
PRADESH)
7. SANDEEP S/O SHIVRAM YADAV, AGED ABOUT 26
YEARS, OCCUPATION: AGRICULTURIST UMARIA
TEH. KASRAWAD, DIST. KHARGONE (MADHYA
PRADESH)
8. DINESH S/O BABU YADAV, AGED ABOUT 40
YEARS, OCCUPATION: AGRICULTURIST SANGVI,
TEH. KASRAWAD, DIST. KHARGONE (MADHYA
PRADESH)
Signature Not Verified
Signed by: VARGHESE
MATHEW
Signing time: 15-03-2023
10:10:38
2
9. RAMESH S/O UMRAO YADAV, AGED ABOUT 52
YEARS, OCCUPATION: AGRICULTURIST UMARIA
TEH. KASRAWAD, DIST. KHARGONE (MADHYA
PRADESH)
.....PETITIONERS
(BY SHRI C.L.YADAV - SR. ADVOCATE WITH SHRI O.P.SOLANKI -
ADVOCATE)
AND
THE STATE OF MADHYA PRADESH STATION HOUSE
OFFICER THROUGH POLICE STATION KASRAWAD
DISTT. KHARGONE (MADHYA PRADESH)
.....RESPONDENT
(BY SHRI KAPIL MAHANT - PL)
Th is revision coming on for orders this day, th e court passed the
following:
ORDER
This revision u/S.397 read with Sec.401 of Cr.P.C being aggrieved by the
order of conviction dated 3.5.2018 which was challenged in Criminal Appeal
before I Addl. Sessions Judge, Mandleshwar in Cr.A. No.172/2018. The same
was partly allowed and the applicants were acquitted u/Ss.323, 323/149 of IPC
vide impugned judgment dated 10.2.2023 and maintained the sentence u/Ss.148
and 427/149 of IPC and respectively sentenced to undergo RI for one year with
fine of Rs.250/- and Rs.500/- with default stipulation to appellant No.1 to 8 and
appellant No.9 Ramesh Yadav was convicted u/Ss.148, 324 and 427/149 of
IPC and respectively sentenced to undergo one year RI with fine of Rs.250/-,
Rs.250/- and Rs.500/- with default stipulation.
Counsel for applicants submits that the applicants have already
undergone jail sentence of more than one month. They were on bail during trial
and appeal and did not misuse the liberty. The incident is said to have taken
Signature Not Verified
Signed by: VARGHESE
MATHEW
Signing time: 15-03-2023
10:10:38
place on 4.2.2015. No purpose would be served sending the applicants in jail
after such long period. It is further submitted that the jail sentence may be
reduced to the period already undergone and the fine amount may be enhanced
out of which the compensation be directed to be given to the victims.
Counsel for State supports the order of conviction and sentence.
After hearing learned counsel for parties and taking into consideration
that the applicants have already undergone jail sentence of more than one
month and no minimum jail sentence is prescribed in the offence under which
they are convicted. The incident had taken place in the year 2015. They were
on bail during trial and appeal and did not misuse the liberty and maintained
good record. In view of the aforesaid, the revision is partly allowed. The
conviction of the applicants is maintained. The sentence is reduced to the
period already undergone and the fine amount u/S.148 of IPC is enhanced to
Rs.3000/-, u/S.427/149 of IPC is enhanced to Rs.5000/- to each appellant and
u/S.324 of IPC is enhanced to Rs.5000/- to appellant No.9 Ramesh Yada.v
The said amount shall be deposited within a period of two months from today.
Out of the said amount, Rs.15,000/- shall be paid to victim Narendra and
Rs.10,000/- shall be paid to Karan. If the applicants fails to deposit fine
amount within the aforesaid period they shall undergo the jail sentence as per the
order of the appellate court. The applicants shall be released forthwith subject
to deposit of fine amount within stipulated period.
(VIJAY KUMAR SHUKLA)
JUDGE
VM
Signature Not Verified
Signed by: VARGHESE
MATHEW
Signing time: 15-03-2023
10:10:38
