Nannu vs The State Of Madhya Pradesh
2023 Latest Caselaw 4286 MP

                                                                            1
                                                 IN THE HIGH COURT OF MADHYA PRADESH
                                                               AT INDORE
                                                                     BEFORE
                                                     HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                                ON THE 17 th OF MARCH, 2023
                                                           CRIMINAL REVISION No. 1000 of 2023

                                            BETWEEN:-
                                            1.    NANNU S/O EDU BALAI, AGED ABOUT 61 YEARS,
                                                  OCCUPATION:    AGRICULTURIST     VILLAGE
                                                  MOGAWA SIPANI TESHIL SANAWAD DISTRICT
                                                  KHARGONE (MADHYA PRADESH)

                                            2.    DINESH S/O NANNU BALAI, AGED ABOUT 27
                                                  YEARS, OCCUPATION: AGRICULTURIST VILLAGE
                                                  MOGAWA SIPANI TESHIL SANAWAD DISTRICT
                                                  KHARGONE (MADHYA PRADESH)

                                            3.    SMT. RESHAMBAI W/O KADWA BALAI, AGED
                                                  ABOUT 63 YEARS, OCCUPATION: HOUSEWIFE
                                                  VILLAGE MOGAWA SIPANI TESHIL SANAWAD
                                                  DISTRICT KHARGONE (MADHYA PRADESH)

                                                                                                      .....PETITIONERS
                                            (BY SHRI HARSHVARDHAN PATHAK, LEARNED COUNSEL)

                                            AND
                                            THE STATE OF MADHYA PRADESH STATION HOUSE
                                            OFFICER THROUGH POLICE STATION SANAWAD
                                            DISTRICT KHARGONE. (MADHYA PRADESH)

                                                                                                     .....RESPONDENT
                                            (BY SHRI RAGHVENDRA SINGH BAIS, LEARNED GOVT. ADVOCATE)

                                                  This revision coming on for admission this day, th e court passed the
                                            following:
                                                                             ORDER

This is revision petition being aggrieved by the judgment and order Signature Not VerifiedDigitally signed by SAN SOUMYA RANJAN DALAI Date: 2023.03.17 passed by learned Addl. Sessions Judge (Circuit Court), Sanawad, West 18:51:16 IST

Nimar, Mandleshwar in Criminal Appeal No. 03/2021 on 25.02.2023, wherein

the learned Judge has dismissed the appeal filed by the applicants thereby affirmed the judgment and order dated 05.03.2021 passed by learned JMFC, Sanawad, Dist. Khargone in Criminal Case No. 542/2013, Crime No. 386/2013, P.s. Sanawad, Dist. Khargone wherein the learned Judge has found applicants guilty of offence punishable under Section 325/34 of IPC and sentenced to undergo imprisonment of one year RI and fine of Rs.1000/- and in default of payment of fine to further undergo imprisonment of 3 months RI.

Counsel for the applicants submits that the applicants are in jail since 25.02.2023. They were on bail during trial and appeal and did not misuse the liberty. The incident had taken place in the year 2013 and no purpose would be

served in sending the applicants in jail after such long period. In place of jail sentence, the fine amount may be enhanced which may be directed to be paid to victim Badrilal.

Counsel for the State supports the order of conviction and sentence. After hearing learned counsel for the parties and taking into consideration that the incident had taken place in the year 2013 and the applicants were on bail during trial and appeal and did not misuse the liberty, they are maintaining good record, the revision is partly allowed. The conviction is maintained. The jail sentence is reduced to the period already undergone and fine amount is enhanced from Rs.1000/- to Rs.10,000/- each. The applicants shall be released on depositing of fine amount. The enhanced fine amount shall be paid to the victim Badrilal by the trial Court. If the fine amount is not deposited within 30 days, the applicants shall undergo the remaining jail sentence as awarded by the appellate Court.

Signature Not VerifiedDigitally signed by SAN SOUMYA RANJAN DALAI Date: 2023.03.17 18:51:16 IST With the aforesaid, the revision is partly allowed and disposed off.

CC as per rules.

(VIJAY KUMAR SHUKLA) JUDGE soumya

Signature Not Verified VerifiedDigitally Digitally signed by SAN SOUMYA RANJAN DALAI Date: 2023.03.17 18:51:16 IST