Saurabh vs State Of M.P.
2023 Latest Caselaw 4394 MP

                                                       1
                 IN         THE       HIGH COURT OF MADHYA PRADESH
                                            AT GWALIOR
                                              BEFORE
                           HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                          ON THE 20 th OF MARCH, 2023
                                      CRIMINAL REVISION No. 867 of 2010

               BETWEEN:-
               1.          SAURABH S/O UMESH SHARMA, AGED ABOUT 19
                           YEARS, R/O JATI KI LINE NEAR HANUMAN
                           MANDIR, BIRLA NAGAR GWALIOR (MADHYA
                           PRADESH)

               2.          RAJU S/O LATE SHRI UMESH SHARMA, AGED
                           ABOUT 25 YEARS, R/O JATI KI LINE, NEAR
                           HANUMAN MANDIR, BIRLA NAGAR GWALIOR
                           (MADHYA PRADESH)

                                                                                  .....PETITIONERS
               (BY SHRI SUSHIL GOSWAMI- ADVOCATE )

               AND
               STATE OF M.P. TH: P.S.GWALIOR DISTT. GWALIOR
               (MADHYA PRADESH)

                                                                                  .....RESPONDENT
               (BY SHRI NITIN GOYAL- 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 5.10.2010 passed by the 11th Additional Sessions Judge, Distt. Gwalior, in Criminal Appeal No.257/2010 affirming the judgment dated 3.5.2010 passed by JMFC, Distt. Gwalior, in Criminal Case No.10880/2006 convicting the Signature Not Verified petitioners under Section 325/34 of IPC and sentencing them to suffer 1 year's Signed by: MADHU SOODAN PRASAD RI with fine of Rs.500/- each.

Signing time: 21-03-2023 09:58:47 AM

Brief facts necessary for disposal of this revision are that allegation against the petitioners is that on 23.7.2006 petitioners abused complainant and his husband and committed Marpeet with them. They also pushed the husband of the complainant from the roof, due to which he sustained injury. He sustained fracture of right radius bone. FIR was lodged. Matter was investigated. Petitioners 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 23.7.2006 and petitioners have been facing agony of trial for the last 16 years. Petitioners have already suffered incarceration of 7 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 him.

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 o f the petitioners is reduced to the Signature Not Verified Signed by: MADHU SOODAN PRASAD period already undergone by him and fine amount is enhanced to Rs.10,000/- Signing time: 21-03-2023 09:58:47 AM each which shall be deposited by them within a period of one month from

today, failing which the petitioners will have to suffer the 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. 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: 21-03-2023 09:58:47 AM