Somat Adiwasi vs The State Of Madhya Pradesh
2023 Latest Caselaw 4027 MP

                                                              1
                           IN     THE       HIGH COURT OF MADHYA PRADESH
                                                  AT GWALIOR
                                                    BEFORE
                                 HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                                ON THE 14 th OF MARCH, 2023
                                            CRIMINAL REVISION No. 896 of 2023

                          BETWEEN:-
                          SOMAT ADIWASI S/O SHRI RAMKRISHNA ADIWASI,
                          AGED ABOUT 22 YEARS, BADI COLONY KARHAL P.S
                          KARHAL (MADHYA PRADESH)

                                                                                        .....PETITIONER
                          (SHRI DEVENDRA KUMAR SHARMA, ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH INCHARGE POLICE
                          STATION P.S. KARAHAL (MADHYA PRADESH)

                                                                                     .....RESPONDENTS
                          (SHRI B.M. SHRIVASTAVA, PUBLIC PROSECUTOR)

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

Instant criminal revision under Section 397 and 401 of CrPC has been

filed assailing the judgment dated 06th February, 2023 passed by 1st Second Additional Sessions Judge, Sheopur in criminal appeal No. 90/2022 by which criminal appeal filed by the appellant was dismissed upholding the judgment dated 12.12.2022 passed by JMFC Sheopur in RCT No. 1114/2021 whereby petitioner has been convicted for the offence punishable under Section 25 (1-B) (B) of Arms Act and sentenced to undergo two years rigorous imprisonment with fine of Rs.1000/- with default stipulation.

The allegation against the petitioner is that from his possession a baka Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 3/14/2023 6:49:30 PM

was found.

During the course of arguments, learned counsel for the petitioner submits that he does not challenge the finding of conviction but he submits that no independent witness supported the prosecution case. Alleged offence was not committed by the petitioner. He has been falsely implicated in the case. However, he confines his argument to the quantum of sentence part only. It is submitted that petitioner is aged about 22 years and belongs to Scheduled Tribe community. The petitioner is first offender. The petitioner has served in custody a period of one and a half months. The petitioner was on bail during trial and he did not misused the liberty granted to him, therefore, it is prayed that

substantive jail sentence awarded to petitioner for aforesaid offence may be reduced to the period already undergone by him.

On the other hand, State Counsel opposed the contentions of counsel for the petitioner and submitted that there is neither any occasion to interfere with the sentence awarded to petitioner nor any compassion or sympathy is called for in the said case.

Heard counsel for the parties and perused impugned judgment as well as record.

It is correct that under Section 25 (1B) (b) of Arms Act the accused shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to three years and shall also be liable to fine. But as per the proviso the Court may for any adequate and special reasons to be recorded in the judgment impose a sentence of imprisonment for a term of less than one year.

Looking to the facts and circumstances of the case, this Court is of the opinion that it will be just and proper if sentence awarded by trial Court for the Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 3/14/2023 6:49:30 PM

offence punishable under Section 25(1-b) (B) of the Arms Act is reduced to the period already undergone by the petitioner.

In view of the above, this criminal revision is partly allowed. While maintaining the conviction of the petitioner for the offence punishable under Section 25(1-b) (B) of the Arms Act, the sentence awarded to him is hereby reduced to the period already undergone by him. However, fine amount is enhanced from Rs.1000/- to Rs.10,000/-. The fine amount, if any, deposited by the petitioner shall be adjusted in the enhance amount. Two months' time from the date of receipt of copy of this judgment, is hereby granted to the petitioner to deposit aforesaid fine before the trial Court, failing which he shall undergo further imprisonment as awarded by trial Court. On depositing the fine amount, the petitioner shall be released from the jail, if he is not required in any other case. The bail bonds of the petitioner are discharged.

Revision petition is allowed in part, as indicated above. Certified copy as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE ojha

Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 3/14/2023 6:49:30 PM