Mangal Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 4507 MP

                                                       1
                 IN         THE       HIGH COURT OF MADHYA PRADESH
                                            AT GWALIOR
                                              BEFORE
                           HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                          ON THE 21 st OF MARCH, 2023
                                      CRIMINAL REVISION No. 39 of 2015

               BETWEEN:-
               MANGAL SINGH S/O NARAYAN SINGH MEENA, AGED
               ABOUT 22 YEARS, R/O VILL.SIGANPURA P.S.KUMBHRAJ
               DISTT.GUNA (MADHYA PRADESH)

                                                                                   .....PETITIONER
               (BY SHRI SAMEER KUMAR SHRIVASTAVA- ADVOCATE )

               AND
               THE STATE OF MADHYA PRADESH THROUGH
               P.S.KUMBHRAJ DISTT.GUNA (MADHYA PRADESH)

                                                                                 .....RESPONDENT
               (BY SHRI G.P.CHAURASIYA- PUBLIC PROSECUTOR 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 petitioner against the judgment dated

31.12.2014 passed by the Additional Sessions Judge, Chachoda, in Criminal Appeal No.316/2014 affirming the judgment dated 14.10.2014 passed by the JMFC, Chachoda, in Criminal Case No.18/2014 convicting and sentencing the petitioner under Section 323 of IPC for three months RI with fine of Rs.500/-.

Brief facts necessary for disposal of this revision are that allegation against the petitioner is that on 27.12.2013 petitioner abused the complainant Signature Not Verified Shriniwas and assaulted him by means of Lathi. FIR was lodged. Matter was Signed by: MADHU SOODAN PRASAD investigated. Petitioner was arrested. After investigation, charge-sheet has been Signing time: 21-03-2023 04:26:27 PM

filed. Trial was conducted. After trial, petitioner has been convicted as aforesaid. Being aggrieved by the aforesaid, petitioner preferred appeal which was dismissed.

Learned counsel for the petitioner/accused submitted that he does not want to challenge the conviction of the petitioner for the aforesaid offence. As regards sentence, it is submitted by learned counsel for the petitioner that incident took place on 27.12.2013 and petitioner has been facing agony of trial for the last 10 years. Petitioner has already suffered incarceration of 15 days. Amount of fine has been deposited by him. Therefore, while enhancing the fine amount suitably, sentence of the petitioner 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 petitioner to the period already undergone by him, the fine is enhanced to Rs.1,000/- under Section 323 of IPC. Accordingly, while affirming the conviction of the petitioner under Section 323 of IPC, jail sentence o f the petitioner is reduced to the period already undergone by him and fine amount is enhanced to Rs.1,000/- which shall be deposited by him within a period of one month from today, failing which the petitioner will have to suffer the sentence as awarded by the Courts below. The amount of fine so deposited by the petitioner be given to complainant under Section 357 of Cr.P.C. as compensation.

With the aforesaid, the revision stands disposed of. Signature Not Verified Signed by: MADHU SOODAN PRASAD Signing time: 21-03-2023 04:26:27 PM

(DEEPAK KUMAR AGARWAL) JUDGE ms/-

Signature Not Verified Signed by: MADHU SOODAN PRASAD Signing time: 21-03-2023 04:26:27 PM