Kalyan @ Kalla vs The State Of Madhya Pradesh
2023 Latest Caselaw 7236 MP

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      IN THE HIGH COURT OF MADHYA PRADESH
                   AT GWALIOR
                          BEFORE
     HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                   ON THE 3rd OF MAY, 2023

            CRIMINAL REVISION NO.1429 OF 2023

     BETWEEN:-

1.   KALYAN @ KALLA S/O RAM SWAROOP,
     AGED ABOUT 27 YEARS, R/O VILLAGE
     PADRAI,   POLICE   STATION-  ANDORI,
     DISTRICT- BHIND (MADHYA PRADESH)

2.   MATHURA SINGH S/O BHOGIRAM, AGED
     ABOUT 30 YEARS, R/O VILLAGE PADRAI,
     POLICE STATION- ANDORI, DISTRICT-
     BHIND (MADHYA PRADESH)

3.   KALLOO @ DHARMENDRA S/O LAKHAN
     SINGH, AGED ABOUT 42 YEARS, R/O
     VILLAGE  PADRAI, POLICE STATION-
     ANDORI, DISTRICT- BHIND (MADHYA
     PRADESH)

4.   PAN SINGH S/O BHOGRAM SINGH,, AGED
     ABOUT 37 YEARS, R/O VILLAGE PADRAI,
     POLICE STATION- ANDORI, DISTRICT-
     BHIND (MADHYA PRADESH)

5.   CHIMMAN SINGH S/O LAKHAN SINGH,
     AGED ABOUT 37 YEARS, R/O VILLAGE
     PADRAI,    POLICE  STATION-  ANDORI,
     DISTRICT- BHIND (MADHYA PRADESH)

6.   NAVAL SINGH @ KALLOO S/O AMRAT
     SINGH, AGED ABOUT 37 YEARS, R/O
     VILLAGE  PADRAI, POLICE STATION-
     ANDORI, DISTRICT- BHIND (MADHYA
     PRADESH)
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                                                                   ........APPLICANTS

       (BY SHRI D.P. SINGH - ADVOCATE)

       AND

       STATE OF MADHYA PRADESH THROUGH
       POLICE STATION- ANDORI, DISTRICT-
       BHIND (MADHYA PRADESH)

                                                                  ........RESPONDENT

       (BY SHRI RAJENDRA SINGH YADAV- PUBLIC PROSECUTOR)

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       This revision coming on for orders this day, the Court passed the
following:
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                                        ORDER

This revision under Section 397 (1) of the Code of Criminal Procedure has been filed by the applicants against the judgment dated 17/03/2023 passed by Additional Session Judge of First Additional Session Judge, Gohad, District- Bhind (M.P.) in Criminal Appeal No.41/2022, affirming the order dated 15/11/2022 passed in Criminal Case No. RCT 1548/2013 by JMFC Gohad, District- Bhind (M.P.), whereby the applicants have been convicted and sentenced as under:-

Section Sentence Fine (Rs.) Default Stipulation 325/149 of IPC 1Year RI 500/- 1 Month RI 323/149 of IPC 3 Months RI - -

147 of IPC 3 Months RI - -

Learned counsel for the applicants submits that incident is of the year 2012 and more than 10 years have lapsed. Learned counsel for the applicants 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 appeal has submitted that the learned trial Court has arrived on the appropriate findings and rightly passed the impugned judgment 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 applicants to the period already undergone by them, the fine is enhanced from Rs.500/- to Rs.5,000/- each for the aforesaid offences. Accordingly, while affirming the conviction of the applicants for the aforesaid offences, jail sentence of the applicants is reduced to the period already undergone by them but fine amount is enhanced from Rs.500/- to Rs.5,000/- each total amount Rs.30,000/- which shall be deposited by them before the trial Court within a period of one month from today, failing which the applicants will have to suffer the complete sentence as awarded by the Court below. The amount of fine so deposited by the applicants be given to the complainant/injured under Section 357 of Cr.P.C on due verification of identity of him.

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

(DEEPAK KUMAR AGARWAL) RAHUL Digitally signed by RAHUL SINGH PARIHAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA JUDGE rahul PRADESH BENCH GWALIOR, postalCode=474001,

SINGH st=Madhya Pradesh, 2.5.4.20=eac942476567cd1b39b3da46068403462f df82ab676d0cde4dee473fe77953f5, pseudonym=68E0B84BAE73376CD071289B3D9FE 728CE00D487,

PARIHAR serialNumber=0275C4F803F94C47998BE5C534E2 1BDED910FD4AB9D159B55575E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2023.05.04 17:45:06 +05'30'