Bachanlal vs State Of M.P.
2023 Latest Caselaw 7404 MP

                                                    1
                          IN    THE    HIGH COURT OF MADHYA PRADESH
                                             AT GWALIOR
                                                  BEFORE
                               HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                            ON THE 8 th OF MAY, 2023
                                       CRIMINAL REVISION No. 1050 of 2010

                         BETWEEN:-
                         1.    RAGHUVEER S/O DURGA PRASAD DHAKAD,
                               AGED ABOUT 45 YEARS, RESIDENT OF KHURA,
                               SHIVPURI (MADHYA PRADESH)

                         2.    DHARMCHANDRA S/O DEVILALA DHAKAD, AGED
                               ABOUT 50 YEARS, R/O FATEHPUR, SHVIPURI
                               (MADHYA PRADESH)

                         3.    GANESHILAL S/O DURGA PRASAD DHAKAD,
                               AGED ABOUT 40 YEARS RESIDENT OF KHURA,
                               SHIVPURI (MADHYA PRADESH)

                         4.    SUNIL S/O RAGHUVEER SINGH YADAV, AGED
                               ABOUT     23 YEARS RESIDENT OF KHURA,
                               SHIVPURI (MADHYA PRADESH) ,

                                                                           .....APPLICANTS
                         (SHRI RAJIV SHARMA- LEARNED COUNSEL FOR THE APPLICANTS)

                         AND
                         STATE OF M.P. THROUGH P.S. KOTWALI DISTRICT
                         SHIVPURI (MADHYA PRADESH)

                                                                          .....RESPONDENT
                         (SHRI PRAMOD PACHAURI- LEARNED COUNSEL FOR THE
                         RESPONDENT- STATE)

                                       CRIMINAL REVISION No. 1056 of 2010

                         BETWEEN:-
                         BACHANLAL S/O LATE JAGANNATH RAWAT, AGED
                         ABOUT 51 YEARS, OCCUPATION: AGRICULTURIST
                         RESIDENT OF VILLAGE SATAIRIYA, DISTRICT
                         SHIVPURI (MADHYA PRADESH)

Signature Not Verified
Signed by: MAHENDRA
BARIK
Signing time: 5/9/2023
10:32:04 AM
                                                            2
                                                                                        .....APPLICANT
                         (SHRI PAWAN DEVNANI, LEARNED COUNSEL FOR THE APPLICANT)

                         AND
                         STATE OF M.P. THROUGH P.S.KOTWALI, SHIVPURI
                         (MADHYA PRADESH)

                                                                                     .....RESPONDENT
                         (SHRI PRAMOD PACHAURI- LEARNED COUNSEL FOR THE
                         RESPONDENT- STATE)

                                   Both revisions coming on for hearing this day, the court passed the
                         following:
                                                            ORDER

Aforesaid criminal revisions under Section 397 read with Section 401 of

CrPC has been filed by applicants against the common judgment dated 16-12- 2010 passed by Sessions Judge, Shivpuri in Crimial Appeal No. 223 of 2010 and Criminal Appeal No. 221 of 2010 confirming the common judgment dated 31-08-2010 passed by the Court of JMFC, Shivpuri in Criminal Case No.1296 of 2006 whereby, each of applicants has been sentenced to undergo one year RI with fine of Rs.500/- with default stipulation for commission of offence under Section 3265/34 of IPC (one count for causing injury to injured Chironji) and has been sentenced to undergo three-three months RI with fine of Rs.250- 250/- with default stipulation for commission of offence under Section 323/234 of IPC (on two counts for causing injuries to injured Raghunandan and Basanti).

Applicant Raghuveer is reported to be dead during pendency of this revision. Therefore, the revision filed on his behalf stands dismissed as abated.

It is submitted by learned counsel appearing for the applicants that they doe not want to challenge the conviction of the applicant for the aforesaid Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 5/9/2023 10:32:04 AM

offence. As regards sentence, it is submitted that the incident took place on 15- 06-2006 and the applicants have been facing agony of trial for the last more than 16 years. They have already suffered incarceration of near about 20 days out of jail sentence awarded by the trial Court. Amount of fine has been deposited by them. Therefore, it is prayed that by imposing a suitable fine amount for the aforesaid offence, the sentence of the applicants be reduced to the period already undergone by them.

Learned counsel for the State supported the impugned judgment. Heard learned counsel for the parties and perused the impugned judgment.

Looking to the facts and circumstances of the case, ends of justice would meet if by imposing a suitable fine amount for aforesaid offence, sentence of applicants be reduced to the period already undergone by them. Accordingly, while affirming the conviction of the applicants, jail sentence of applicants is reduced to the period already undergone by them by imposing a fine amount to the tune of Rs.10,000/- each (on one count for causing injury to injured Chironji) for offence under Section 325/34 of IPC and and Rs.1,000- 1,000/- (on two counts for causing injuries to injured Raghunandan and Basanti) under Section 323/34 of IPC which shall be deposited by them on adjustment of fine amount already deposited by the

applicants before trial Court, within a period of two months from today failing which the applicants have to suffer the additional imprisonment of one month and fifteen- fifteen days as awarded by the trial Court. The amount of fine so deposited by the applicants be given to above injured Chironji, Raghunandan and Basanti under Section 357 of Cr.P.C . as compensation.

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 5/9/2023 10:32:04 AM

With the aforesaid, the revisions stand disposed of.

(DEEPAK KUMAR AGARWAL) JUDGE MKB

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 5/9/2023 10:32:04 AM