Bane Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 14920 MP

                                                           1
                            IN    THE      HIGH COURT OF MADHYA PRADESH
                                                 AT INDORE
                                                    BEFORE
                                 HON'BLE SHRI JUSTICE PRAKASH CHANDRA GUPTA
                                            ON THE 11 th OF SEPTEMBER, 2023
                                           CRIMINAL REVISION No. 3107 of 2018

                           BETWEEN:-
                           1.    BANE SINGH S/O SHANKARLAL, AGED ABOUT 30
                                 YEAR S , DAAK BUNGLOW, PITHAMPUR, DHAR
                                 (MADHYA PRADESH)

                           2.    ISHWAR S/O SHANKARLAL, AGED ABOUT 29
                                 YEARS, R/O DAAK BUNGLOW, PITHAMPUR, DHAR
                                 (MADHYA PRADESH)

                           3.    RAMESH S/O SHANKARLAL, AGED ABOUT 35
                                 YEARS, R/O DAAK BUNGLOW, PITHAMPUR, DHAR
                                 (MADHYA PRADESH)

                                                                                      .....PETITIONER
                           (SHRI JITENDRA VERMA, LEARNED COUNSEL FOR THE PETITIONER.)

                           AND
                           THE STATE OF MADHYA PRADESH STATION HOUSE
                           OFFICER THR.PS. DEPALPUR, DISTRICT-INDORE
                           (MADHYA PRADESH)

                                                                                    .....RESPONDENTS
                           (SHRI VINOD THAKUR, LEARNED G.A. FOR THE STATE.)

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

This criminal revision u/s 397 r/w 401 of the Code Of Criminal Procedure, 1973 has been preferred by the petitioners/ accused persons being

aggrieved by the judgment dated 28/06/2018 passed by the XVIIth Additional Sessions Judge, Indore in Criminal Appeal No.05/2018, whereby, the learned

Signature Not Verified Signed by: AJIT KAMALASANAN Signing time: 15-09-2023 13:07:48

Additional Sessions Judge has partly allowed the appeal and upheld the conviction and reduced the sentence u/s 323, 324, 325 r/w 34 of IPC to 3 months R.I., 6 months R.I. and 1 year R.I., respectively and fine amount of Rs.500/-, Rs.500/-, Rs.1,000/- respectively under the aforesaid provisions to each, arising out of judgment dated 08/12/2017 passed by Judicial Magistrate First Class, Depalpur, District- Indore in criminal case no.1029/2005 whereby the learned trial court had convicted the applicants u/s 323, 324, 325 of IPC and sentenced to 3 months of R.I., 1 year of R.I. and 2 years of R.I. respectively and fine of Rs.500/-, Rs.500/-, Rs.1,000,- respectively to each with default stipulation.

2. The petitioners have preferred this criminal revision on several grounds but during the course of argument, learned counsel for petitioner did not press this revision on merit and does not assail the finding part of the judgment. He confines his argument on the point of sentence only and prays that since the petitioners have already undergone 22 days in incarceration. It is further submitted that the petitioner deserves some leniency as they already suffered the ordeal of trial since 2005. Therefore, it is prayed that this petition be partly allowed and the sentence awarded upon the petitioners be reduced to the period they have already undergone by enhancing the fine amount.

3. Learned counsel for the state on the other hand supports the impugned judgment and prayed for dismissal of this petition.

4. Heard learned counsel for the parties and perused the records. 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 the petitioners suffered the ordeal of criminal case since 2005. After lapse of almost of more than 18 years, no purpose Signature Not Verified Signed by: AJIT KAMALASANAN Signing time: 15-09-2023 13:07:48

would be served in sending the petitioners to jail after such a long period.

5. Therefore, the revision is partly allowed. The conviction is maintained. The jail sentence of the applicant is reduced to the period already undergone by him and the fine amount is enhanced to Rs.5,000/- each which shall be paid to the injured person Leeladhar (PW/ 2) a sum of Rs.12,000/- and Ram Kanya (PW/ 1) a sum of Rs.3,000/-. In case if the applicant fail to deposit the fine amount within 3 month, from the date of passing of this order, the default stipulation shall be of 2 months of simple imprisonment. If any fine amount already paid, the same shall be adjusted with the aforesaid fine amount. The bail bonds of the petitioners shall be discharged after deposit of the fine amount before the learned trial court.

6. Registry is directed to supply copy of this order to the applicant through his counsel free of cost. A copy of this order alongwith the records be sent to the concerned trial court for necessary compliance.

7. Accordingly, this petition is disposed off.

(PRAKASH CHANDRA GUPTA) JUDGE ajit

Signature Not Verified Signed by: AJIT KAMALASANAN Signing time: 15-09-2023 13:07:48