Citation : 2023 Latest Caselaw 7580 MP
Judgement Date : 9 May, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
ON THE 9 th OF MAY, 2023
CRIMINAL REVISION No. 792 of 2011
BETWEEN:-
DHARMENDRA SHARMA S/O SHRI RAMESH CHANDRA
SHARMA, AGED ABOUT 33 YEARS, R/O VILL. KHARAI
BHAT TEH. AND DISTT. SHIVPURI (MADHYA PRADESH)
.....PETITIONER
(BY SHRI SUNIL JAIN - ADVOCATE)
AND
STATE OF M.P. TH: P.S. SIRSOUD,DISTT. SHIVPURI
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI A.P.S. TOMAR - PUBLIC PROSECUTOR)
This revision coming on for hearing this day, th e court passed the
following:
ORDER
Petitioner present in person.
Petitioner filed this criminal revision under Section 397/401 of Cr.P.C. aggrieved by the judgment dated 30.08.2011 passed by the learned Sessions Judge, Shivpuri in Criminal Appeal No.126/11 by which petitioner was convicted for the offence under Section 325 of IPC for one year and fine of Rs.1000/- .
Learned counsel for the petitioner does not want to press this petition on merits and prays that in lieu of sentence fine should be enhanced.
Learned counsel for the petitioner submits that the incident is of
12.06.2010. He is facing judicial process for the last 13 years. During trial the petitioner was in custody for12 days.
Learned counsel for the State supported the impugned judgment. Heard learned counsel for the parties and perused the record. In view of the arguments advanced by the counsel for the petitioner and after perusing the record, the incident is of the year 2010, about 13 years have been passed, in these situation, in lieu of sentence of two years imposed under Sections 325 of IPC is reduced to the period already undergone by him, enhancing the fine amount from Rs.1000/- to Rs.10,000/- which shall be paid to the complainant by way of compensation.
The amount of compensation be deposited in the trial Court within one month from the date of receipt of certified copy of this order, failing which petitioner shall undergo the original sentence awarded by the trial Court.
With the aforesaid, the revision stands disposed of.
(DEEPAK KUMAR AGARWAL) JUDGE mani
Digitally signed by SUBASRI MANI
SUBASR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=4b80d075e6ee8e3334ea900daffef94852 390562efcaf7cdb4d94b8fc0be1414,
I MANI pseudonym=E7C0C70D17E5C27BC949540C5649 53CAC4239A94, serialNumber=CA216CA75EF9E38C3785C8BBE64 86F7003C0B639E6EA08F81ACF600889A329F3, cn=SUBASRI MANI Date: 2023.05.10 11:40:50 -07'00'
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