Nannelal vs The State Of Madhya Pradesh Thr
2023 Latest Caselaw 3996 MP

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       IN THE HIGH COURT OF MADHYA PRADESH
                    AT GWALIOR
                            BEFORE
      HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                  ON THE 14th OF MARCH, 2023

               CRIMINAL REVISION NO.65 OF 2017

     BETWEEN:-

1.   NANNELAL S/O SHRI RAMKRAPAL KUSHWAH,
     AGED ABOUT 65 YEARS, R/O GANESHPUR
     TALAIYA  MOHALA     VIDISHA  (MADHYA
     PRADESH)

2.   VIJAY SINGH S/O NANNELAL KUSHWAH,
     AGED ABOUT 38 YEARS, R/O GANESHPUR
     TALAIYA MOHALLA VIDISHA (MADHYA
     PRADESH)

3.   AJAY SINGH S/O NANNELAL KUSHWAH, AGED
     ABOUT 50 YEARS, R//O GANESHPUR TALAIYA
     MOHALA VIDISHA (MADHYA PRADESH)

4.   GHANSHYAM S/O DESHRAJ, AGED ABOUT 42
     YEARS, R/O GANESHPUR TALAIYA MOHALA
     VIDISHA (MADHYA PRADESH)

5.   BHOLA RAM S/O KARODILAL KUSHWAH,
     AGED ABOUT 38 YEARS, R/O GANESHPUR
     TALAIYA  MOHALA   VIDISHA  (MADHYA
     PRADESH)

                                               ........PETITIONERS

(BY SHRI SUSHIL GOSWAMI- ADVOCATE)


     AND

1.   STATE OF MADHYA PRADESH THROUGH
     COLLECTOR DISTRICT- VIDISHA (MADHYA
     PRADESH)
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2.      STATE OF MP THROUGH POLICE STATION-
        KOTWALI VIDISHA, DISTRICT- VIDISHA
        (MADHYA PRADESH)

3.      RAJESH SONI S/O LATE SHRI SURESH SONI,
        AGED ABOUT 43 YEARS, SHAKTI HEALTH
        CLUB KE PICHHE, VIDISHA (MADHYA
        PRADESH)
                                                                     ........RESPONDENT


(BY SHRI G.P. CHAURASIYA- PUBLIC PROSECUTOR FOR THE STATE)
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        This petition coming on for orders this day, the Court passed the
following:
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                                         ORDER

This revision under Section 397/401 of Cr.P.C. has been filed by the petitioners against the judgment dated 16/01/2017 passed by Special Judge (SC/ST Act), District- Vidisha (M.P.) in Criminal Appeal No.201/2014, affirming the order dated 18/09/2014 passed in Criminal Case No.2754/2006 by JMFC, District- Vidisha (M.P.), whereby the petitioners have been convicted and sentenced as under:-

Petitioners Sections Sentence Fine (Rs.) Default Stipulation

1. Nannelal 148 of IPC 6 Months RI Rs.500/- 1 Month RI 326/149 of IPC 2 Years RI Rs.1,000/- 3 Months RI

2. Vijay Singh 148 of IPC 6 Months RI Rs.500/- 1 Month RI 326/149 of IPC 2 Years RI Rs.1,000/- 3 Months RI

3. Ajay Singh 148 of IPC 6 Months RI Rs.500/- 1 Month RI 326 of IPC 2 Years RI Rs.1,000/- 3 Months RI

4. Ghanshyam 148 of IPC 6 Months RI Rs.500/- 1 Month RI 326/149 of IPC 2 Years RI Rs.1,000/- 3 Months RI

5. Bholaram 148 of IPC 6 Months RI Rs.500/- 1 Month RI 326/149 of IPC 2 Years RI Rs.1,000/- 3 Months RI Allegations against the petitioners, in short, are that on 28/09/2005 at about 12:30 PM, when the complainant was going to deposit the money in the bank and as soon as he came out, his tenants/petitioners, having swords, were standing there. Accused- Ajay Singh and Vijay Singh assaulted him by means of swords on his head and right side of his elbow and right leg. Accused- Nannelal and Rajesh assaulted him by means of sticks on his back and left shoulder. Accused- Ghanshyam and Bhola assaulted him by iron rod, due to which, he received multiple injuries on all over his body. Thereafter, all the accused persons threatened him to dire consequences. On the basis of aforesaid, crime has been registered.

Learned counsel for the petitioners submits that incident is of the year 2005 and more than 17 years have lapsed. Learned counsel for the petitioners confined his argument only to the point of sentence and prays that the sentence awarded to them be modified to the extent that period already undergone by them would be sufficient to meet the ends of justice.

Learned counsel for the respondent/State while opposing the petition has submitted that the learned trial Court as well as Appellate Court have arrived on the appropriate findings and rightly passed the impugned judgments of conviction and sentence.

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/- each (total Rs.50,000/-) in addition to the fine imposed by the trial Court. Accordingly,

while affirming the conviction of the petitioners under Section 148 of IPC and Section 326/149 of IPC, jail sentence of the petitioners is reduced to the period already undergone by them but fine amount is enhanced as mentioned above which shall be deposited by them before the trial Court within a period of one month from today, failing which the petitioners will have to suffer the complete 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 on due verification of identity of the complainant.

In view of the above, this revision is disposed of. Certified copy as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

rahul RAHUL SINGH Digitally signed by RAHUL SINGH PARIHAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab676d0cde4dee4

PARIHAR 73fe77953f5, pseudonym=68E0B84BAE73376CD071289B3D9FE728CE00D487, serialNumber=0275C4F803F94C47998BE5C534E21BDED910FD4AB9D159 B55575E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2023.03.15 19:46:49 +05'30'