Naresh Kumar vs State Of Madhya Pradesh
2023 Latest Caselaw 7765 MP

                                   1
 IN     THE       HIGH COURT OF MADHYA PRADESH
                        AT GWALIOR
                          BEFORE
       HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                       ON THE 11 th OF MAY, 2023
                 CRIMINAL REVISION No. 960 of 2007

BETWEEN:-
NARESH KUMAR S/O SHRI TULA RAM AHIRWAR, AGED
ABOUT 30 YEARS, R/O PARASARI POLICE STATION
UNNAO DISTT. DATIA (M.P.)

                                                               .....PETITIONER
(BY SHRI N.S. TOMAR - ADVOCATE)

AND
STATE OF MADHYA PRADESH THROUGH THE POLICE
STATION CHACHODA DISTRICT GUNA (M.P.)

                                                             .....RESPONDENT
(BY SHRI G.S. CHAUHAN - PUBLIC PROSECUTOR)

      Th is revision coming on for hearing this day, th e court passed the
following:
                                    ORDER

This criminal revision under Section 397/401 of Cr.P.C. has been filed by

t h e revisionist assailing the Judgment dated 21.11.2007 passed in Criminal Appeal No.384/2007 by learned Additional Sessions Judge, Chachoda District Guna, confirming the judgement dated 15.06.2007 passed by JMFC, Chachoda Distt. Guna in Case No. 204/1998 by which petitioner has been convicted for the offence under Section 304-A of IPC and sentenced to undergo 2 years' RI with fine of Rs. 1,000/- and under Section 337 of IPC and sentenced to undergo 6 months' RI, with default stipulations.

Learned counsel for the petitioner made submission that incident is of the

year 1998 and about more than 25 years has been passed. In these situation, he does not want to press his petition on merits. It is submitted that in respect of petitioner, in lieu of sentence, fine amount may be enhanced.

In view of the arguments advanced by the counsel for the petitioner and after perusing the record, this Court is of the view that the incident is of 1998 and about 25 years has been passed therefore, in this situation, the sentence of 2 years imposed under Section 304-A of IPC and sentence of 6 months imposed under Section 337 of IPC is reduced to the period already undergone by him, enhancing the fine amount from Rs.1,000/- to Rs.25,000/- which shall be paid to 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. In case, the fine amount is deposited by him, his bail bonds stands discharged.

With the aforesaid modification, the revision petition stands disposed of.

(DEEPAK KUMAR AGARWAL) JUDGE Adnan ADNAN Digitally signed by ADNAN HUSAIN ANSARI DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH

HUSAIN GWALIOR, 2.5.4.20=43f3ff8f444225f9f0d9c30497105ab b80e91238ac53cf96a7b005e256158275, postalCode=474001, st=Madhya Pradesh, serialNumber=922E3DC382E0127257CE0DC

ANSARI C4E29CD410E0BF39FAB6AA6DCB81675BB2 AF2DFCF, cn=ADNAN HUSAIN ANSARI Date: 2023.05.12 17:58:40 +05'30'