Pannalal vs The State Of Madhya Pradesh
2024 Latest Caselaw 6483 MP

Madhya Pradesh High Court

Pannalal vs The State Of Madhya Pradesh on 4 March, 2024

Author: Prem Narayan Singh

Bench: Prem Narayan Singh

                                                             1
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                     BEFORE
                                    HON'BLE SHRI JUSTICE PREM NARAYAN SINGH
                                           CRIMINAL REVISION No. 3860 of 2022

                           BETWEEN:-
                           PANNALAL S/O BHAGWAN YADAV, AGED ABOUT 39
                           YEAR S, R/O GRAM RANGAON DEB THANA RAJPUR
                           DIST. BARWANI (MADHYA PRADESH)

                                                                                        .....PETITIONER
                           (SHRI NILESH MANORE, ADVOCATE ).

                           AND
                           THE STATE OF MADHYA PRADESH STATION HOUSE
                           OFFICER THROUGH POLICE STATION RAJPUR
                           DISTRICT BARWANI (MADHYA PRADESH)

                                                                                       .....RESPONDENT
                           ( SHRI H.S.RATHORE GOVT. ADVOCATE).

                                                        Reserved on :21.02.2024
                                                      Pronounced on : 04.03.2024

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

With consent of the parties heard finally.

1. This criminal revision under Section 397 and 401 of Cr.P.C. has been filed by the petitioner being aggrieved by the judgment dated 20.09.2022, passed by the learned Sessions Judge, District-Badwani, in Criminal Appeal No.17/2021 whereby the learned Judge has dismissed the appeal filed by the appellant and afffirmed the judgment dated 23.03.2021 passed by the learned Judicial Magistrate First Class in RCT No.166/2018, whereby the petitioner for

offence under Section 323 and 325 of IPC, 1860 and sentenced to undergo 3 months R.I. and 01 year R.I. with fine of Rs.500/- & Rs.1,000/- respectively with default stipulations.

2. The petitioner has preferred this criminal revision on several grounds but during the course of arguments, learned counsel for the petitioner did not press this revision on merits and nor assailed the finding part of judgment. He confines his argument on the point of sentence only and prays that since the petitioner has undergone about 01 month 22 days of jail incarceration, therefore his sentence be reduced to the period already undergone. It is further submitted that the petitioner deserves some leniency as he has already suffered the ordeal

of the trial since 2018 i.e. for a period of 5 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 5 years, the submissions have been made by the petitioner with regard to reduce the sentence to the already undergone period by enhancing the 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.500/- to Rs.1,000/- under Section 323 of IPC and Rs.1000/- to Rs.10,000/- under Section 325 of IPC to be paid by the petitioner within a period of two month from today. Out of the fine amount s o deposited by the petitioner Rs.5,000/- be paid to Injured-Ganesh 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 fail to deposit the fine amount, he will suffer 2 months 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 VD