Madansingh vs The State Of Madhya Pradesh
2023 Latest Caselaw 19165 MP

                                                              1
                            IN    THE       HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                       BEFORE
                                           HON'BLE SHRI JUSTICE ANIL VERMA
                                              ON THE 20 th OF NOVEMBER, 2023
                                            CRIMINAL REVISION No. 618 of 2015

                           BETWEEN:-
                           1.    MADANSINGH S/O BHANWARSINGH, AGED
                                 ABOUT 34 YEARS, OCCUPATION: AGRI. VILLAGE
                                 SARANGKHEDI P.S. AGAR (MADHYA PRADESH)

                           2.    ISHWAR SINGH S/O GANGA RAM, AGED ABOUT 30
                                 YEAR S, OCCUPATION: AGRICULTURE VILLAGE
                                 SARANGKHEDI P.S. AGAR (MADHYA PRADESH)

                                                                                            .....PETITIONER
                           (BY SHRI HIMANSHU JOSHI- ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH COLLECTOR /
                           DISTRICT    MAGISTRATE    COLLECTOR OFFICE
                           SHAJAPUR (MADHYA PRADESH)

                                                                                         .....RESPONDENTS
                           ( BY SHRI D.G. MISHRA GA )

                                 This revision coming on for direction this day, th e court passed the

                           following:
                                                               ORDER

With the consent of both the parties, matter is heard finally. This criminal revision under Section 397/401 of Cr.P.C. has been filed by the petitioners being aggrieved by impugned judgment dated 27/05/2015 passed by the Additional Sessions Judge, Agar, District Shajapur in Criminal Appeal No.407/2013 whereby the judgment dated 05/09/2013 passed by the Judicial Magistrate First Class,Agar, District -Shajapur in Criminal Case No.590/2010

Signature Not Verified by which, the petitioners have been convicted under sections 325 and 323 of Signed by: AMOL NIVRUTTIRAO MAHANAG Signing time: 21-11-2023 17:52:54

IPC and sentenced to undergo one year R.I with fine of Rs. 1000/- each and three months R.I with fine of Rs500/- each with usual default stipulation.

2/ The prosecution story in brief is that on 05/08/2010 at about 7.00 am, complainant Mansingh was going to pond for grazing his bulls, at that time, accused Madansingh and Ishwarsingh came there armed with lathies and asked him that why he purchased the land of Kalusingh and quarrel took place between them. Accused Ishwarsingh assaulted on the head of the victim by means of lathi and accused Madansingh also assaulted him by using lathi on his head, due to which, he sustained injury and blood started to oozing. When Kalusingh came and intervene, then accused Kailash inflicted injury to him by

using lathi. Thereafter. other accused persons Gangaram and Bhawarlal came there and assaulted the victim persons with lathies, due to which they sustained injuries on back and legs. The accused persons also threatened them for life. Thereafter, complainant Mansingh lodged FIR at police station - Agar. MLC of the victim persons was conducted by Dr. R.L. Malviya (PW-1) and he opined that victim Mansingh sustained bony injuries on his left hand. Accordingly, the alleged offence was registered against the accused persons. 3/ After conclusion of the investigation, charge-sheet was filed against the petitioners before the JMFC, Agar who framed the charges under sections 341, 343/34, 325/34, 506 Part-II of IPC against the petitioners and co-accused persons. The petitioners / accused persons abjured their guilt and took a plea that they have been falsely been implicated in this matter. The trial Court after scrutinizing evidence available on record and considering the rival submissions made by both the parties, acquitted accused Gangaram, Kailash and Bhawarsingh from all the charges, however, petitioners Madansingh and Signature Not Verified Signed by: AMOL NIVRUTTIRAO MAHANAG Signing time: 21-11-2023 17:52:54

Ishwarsingh have been convicted under sections 325 and 323 of IPC and sentenced to undergo one year R.I with fine of Rs. 1000/- each and three months R.I with fine of Rs500/- each respectively with usual default stipulation. Being aggrieved by the said conviction and sentence, the petitioners/ accused persons preferred criminal appeal before the Additional Sessions Judge, Agar, District- Shajapur but the same was affirmed by the Appellate Court. Being aggrieved by the said judgment, this criminal revision has been preferred before this Court by the petitioners.

4/ The petitioners have preferred this criminal revision on several grounds but during the course of arguments, learned counsel for the petitioners did not press this revision on merit and not assailed the finding part of the impugned judgment. He confines his argument on the point of sentence only and prays that since the petitioners remained in jail incarceration 19 days; they are facing trial since 2010 i.e. for a period of almost 13 years and they are not having any criminal antecedents, therefore, present revision be disposed of and the jail sentence awarded to the petitioners be reduced to the period already undergone by them.

5/ Learned counsel for the respondent/State on the other hand supports the impugned judgment and prays for dismissal of this revision 6/ Having considered the rival submissions and on perusal of the

record, the submission of the learned counsel for the petitioners appears to be just and proper. Hence, finding force in the contention raised by the learned counsel for the petitioners and the fact that since the petitioners remained in jail incarceration 19 days; they are facing trial since 2010 i.e. for a period of almost 13 years and they are not having any criminal antecedents, therefore, this Court finds it appropriate to partly allow this revision petition by affirming the Signature Not Verified Signed by: AMOL NIVRUTTIRAO MAHANAG Signing time: 21-11-2023 17:52:54

conviction of the petitioners, however, reducing their jail sentence to the period already undergone by enhancing fine amount under section 325 of IPC from Rs. 1000/- to Rs. 4000/- each.

7/ Accordingly, this revision petition is partly allowed by maintaining the conviction, but reducing the jail sentence to the period already undergone by the petitioners, however, by enhancing fine amount under section 325 of IPC from Rs. 1000/- to Rs. 4000/- each. The enhanced fine amount be deposited before the trial Court by the petitioners within a period of one month from today and in case of default of depositing the enhanced fine amount, the trial Court shall proceed accordingly. Since the petitioners are already on bail, their bail bonds and surety bonds stand discharged. Disposal of the property shall be conducted as per the order of the trial Court.

8/ A copy of this order be sent to the concerned trial Court along with the records for information and necessary compliance.

Certified copy as per rules.

(ANIL VERMA) JUDGE amol

Signature Not Verified Signed by: AMOL NIVRUTTIRAO MAHANAG Signing time: 21-11-2023 17:52:54