Taushib vs The State Of Madhya Pradesh
2024 Latest Caselaw 6493 MP

Madhya Pradesh High Court

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

Author: Prakash Chandra Gupta

Bench: Prakash Chandra Gupta

                                                          1
                          IN     THE      HIGH COURT OF MADHYA PRADESH
                                                AT INDORE
                                                  BEFORE
                               HON'BLE SHRI JUSTICE PRAKASH CHANDRA GUPTA
                                              ON THE 4 th OF MARCH, 2024
                                         CRIMINAL REVISION No. 1365 of 2018

                         BETWEEN:-
                         1.    TAUSHIB S/O MUKHTYAR KHA, AGED 22 YEARS,
                               OCCUPATION: DRIVER R/O VILLAGE SUKHEDA,
                               P.S. SADALPUR,  DISTT.  DHAR   (MADHYA
                               PRADESH)

                         2.    ASHIQ S/O MUKHTYAR KHA, AGED 20 YEARS, R/O
                               VILLAGE SUKHEDA P.S. SADALPUR (MADHYA
                               PRADESH)

                                                                                     .....PETITIONERS
                         (BY SHRI SIDDHARTH JAIN - ADVOCATE)

                         AND
                         THE STATE OF MADHYA PRADESH THRU. P.S. BETMA,
                         DISTT. DHAR (MADHYA PRADESH)

                                                                             .....RESPONDENT/STATE
                         (BY SHRI V.S. PANWAR - PL)

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

                         following:
                                                           ORDER

This criminal revision u/S 397 of the Code Of Criminal Procedure, 1973 has been preferred by the petitioners/accused persons being aggrieved by the judgment dated 19.03.2018 passed by the XI Additional Sessions Judge, Distt.

- Indore in Cri. Appeal No.275/2016, whereby, the learned Additional Sessions Judge has partly allowed the appeal. Learned Appellate Court has reduced the sentence u/S 325 r/w 34 of IPC and sentenced him to undergo RI for 01 year

and fine has been increased to Rs.2,500/- each, arising out of judgment dated

04.03.2016 passed by Judicial Magistrate First Class, Distt. - Depalpur in criminal case No.146/2012, whereby the learned trial Court had convicted the petitioners u/S 325 of IPC and sentenced to 02 years of R.I. with fine Rs.500/- each, with default stipulation.

2. Prosecution story in brief is that marriage of the daughter of complainant, Shabnam, was solemnized with accused Taushib and accused Ashiq is his brother. From two months before the incident, Shabnam had started to live with her father/complainant Raees (PW-6). On 27.01.2012, at around 06:00 PM, petitioners had met complainant at Jeevan Jyoti Colony, while he was returning by his cycle after his labour work to exhort him and take

Shabnam along. The complainant did not agree with the idea of petitioners and denied for the same. The petitioners/accused persons pushed him. The complainant had fallen down because of which one of his tooth broke and other hurt were caused as well in consequence. The petitioners/accused persons had beaten him up by means of wooden stick as well. The matter was reported on the same day.

3. The petitioners have preferred this criminal revision on several grounds but during the course of argument, learned counsel for petitioners did not press this revision on merit and does not assail the finding part of the judgment. He confined his argument on the point of sentence only and prays that the petitioners have already undergone, since 09.03.2018 - 10.04.2018, a total of 32 days in incarceration. It is further submitted that the petitioners deserve some leniency as they have already suffered the ordeal of trial since 2012. 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.

4. Learned counsel for the State, on the other hand, supports the impugned judgment and prayed for dismissal of this petition.

5. 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 2012, therefore, this revision petition deserves to be allowed.

6. Resultantly, the revision is partly allowed. The conviction is maintained. The jail sentence of the petitioners is reduced to the period already undergone by them and the fine amount of petitioners/accused persons Taushib and Ashiq is enhanced to Rs.5,000/- each which shall be paid to the complainant/injured person Raees (PW-6). In case, the petitioners fail to deposit the fine amount within 2 months from the date of receiving of copy 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.

7. Registry is directed to supply copy of this order to the petitioners through their counsel. A copy of this order alongwith the records be sent back to the concerned trial Court for necessary compliance.

8. Accordingly, this petition is disposed off.

(PRAKASH CHANDRA GUPTA) JUDGE Shruti