Naval Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 14903 MP

                                                              1
                            IN      THE      HIGH COURT OF MADHYA PRADESH
                                                   AT INDORE
                                                      BEFORE
                                     HON'BLE SHRI JUSTICE PREM NARAYAN SINGH
                                              ON THE 11 th OF SEPTEMBER, 2023
                                            CRIMINAL REVISION No. 1597 of 2018

                           BETWEEN:-
                           NAVAL SINGH S/O MANIYA BHILALA, AGED ABOUT 30
                           Y E A R S , OCCUPATION:  AGRICULTURE    GRAM
                           KHANDALA MOR         KHODRA FALIYA (MADHYA
                           PRADESH)

                                                                                          .....PETITIONER
                           (SHRI ANOPAM CHOUHAN- ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH STATION HOUSE
                           OFFICER THR.PS. NANPUR (MADHYA PRADESH)

                                                                                        .....RESPONDENT
                           (SHRI RAJESH JOSHI - GOVT. ADVOCATE)

                                  T h is revision coming on for orders this day, t h e cou rt passed the
                           following:
                                                               ORDER

This criminal revision under Section 397 and 401 of Cr.P.C. has been

filed by the petitioner being crestfallen by the judgment dated 24.03.2018 passed by the Second Additional Sessions Judge, District-Alirajpur in Criminal Appeal No.11/2017, affirming the judgment dated 27.12.2016 passed by learned Judicial Magistrate First Class, Alirajpur, District-Alirajpur (MP) in Criminal Case No.1197/2014 whereby the petitioner has been convicted for offence under Section 325 of IPC for 01 year R.I. and fine of Rs.2,00/- with default stipulations.

Signature Not Verified

2. The petitioner has preferred this criminal revision on several grounds Signed by: AKANKSHA LAHORIYA Signing time: 13-09-2023 12:53:58

but during the course of arguments, learned counsel for the petitioner did not press this revision on merit and not assails the finding part of judgment. He confines his argument on the point of sentence only and prays that since the petitioner has already undergone forty five days in ja il incarceration, his sentence be reduced to the period already undergone. It is further submitted that the petitioner deserves some leniency as the petitioner already suffered the ordeal of the trial since 2018 i.e.for a period of more than 05 years. It is further submitted that this petition be partly allowed and the sentence awarded to the petitioner be reduced to the period already undergone by enhancing the fine amount.

3. Learned counsel for the State on the other hand supports the impugned judgment and prays for dismissal of this revision.

4. Having considered the rival submissions and on perusal of the record, the submission of the learned counsel for the petitioner appears to be just and proper.

5. However, the learned trial Court as well as the learned Appellate Court has not committed any error in appreciation of evidence available on record. Further, it is found that both the Courts below considered the evidence available on record and correctly found that the case of the prosecution is well supported by the injured, witnesses and medical testimony. Both the Courts below have well considered the material available on record, hence, no infirmity is found in the impugned order of conviction passed by both the Courts below, accordingly, the same is upheld.

6. So far as the sentence of the petitioner is concerned, after the lapse of almost 05 years, the submissions have been made by the petitioner regarding Signature Not Verified Signed by: AKANKSHA LAHORIYA Signing time: 13-09-2023 12:53:58

enhancement fine appear to be proper. The petitioner has suffered the ordeal of criminal case since 2018, this Court finds it expedient to partly allow this revision petition by affirming the conviction of the petitioner.

7. Accordingly, this revision petition is partly allowed and the sentence awarded to the petitioner is hereby reduced to the sentence already undergone by increasing the fine amount from Rs.2,00/- to Rs.10,000/- under Section 325 of IPC to be paid by the petitioner within a period of two months from today. Out of the fine amount so deposited by the petitioner, Rs.5,000/- be paid to Injured-Bhurliya under Section 357(3) of Cr.P.C. by the trial Court. The fine amount, if already deposited as well as the compensation amount paid to the injured if any shall be adjusted. The bail bond of the petitioner shall be discharged after deposit of the fine amount. If the petitioner fails to deposit the fine amount, he will suffer 1 month of simple imprisonment in default.

8 . A copy of this order be sent to the concerned trial Court for necessary compliance.

Certified copy as per rules.

(PREM NARAYAN SINGH) JUDGE akanksha

Signature Not Verified Signed by: AKANKSHA LAHORIYA Signing time: 13-09-2023 12:53:58