Harsewak Yadav vs Rambharose
2024 Latest Caselaw 14165 MP

Madhya Pradesh High Court

Harsewak Yadav vs Rambharose on 14 May, 2024

Author: Vishal Dhagat

Bench: Vishal Dhagat

                                                           1
                            IN    THE      HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                      BEFORE
                                        HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                                 ON THE 14 th OF MAY, 2024
                                           CRIMINAL REVISION No. 748 of 2024

                           BETWEEN:-
                           HARSEWAK YADAV S/O HALKOTE YADAV, AGED
                           ABOUT 54 YEARS, R/O PREMPURA BALDEVGARH
                           DISTRICT TIKAMGARH (MADHYA PRADESH).

                                                                                      .....PETITIONER
                           (BY MRS. SANJANA SAHNI - ADVOCATE AND SHRI SAKET MALIK -
                           ADVOCATE)

                           AND
                           1.    RAMBHAROSE S/O HUKUM YADAV, AGED ABOUT
                                 40    YEARS, R/O PREMPURA BALDEVGARH
                                 DISTRICT TIKAMGARH (MADHYA PRADESH).

                           2.    MUNNA S/O DAYARAM YADAV, AGED ABOUT 49
                                 YEARS, R/O PREMPURA BALDEVGARH DISTRICT
                                 TIKAMGARH (MADHYA PRADESH).

                           3.    MOHAN S/O DAYARAM YADAV, AGED ABOUT 55
                                 YEARS, R/O PREMPURA BALDEVGARH DISTRICT
                                 TIKAMGARH (MADHYA PRADESH).

                           4.    STATE  OF  MADHYA     PRADESH THROUGH
                                 COLLECTOR DISTRICT TIKAMGARH (MADHYA
                                 PRADESH).

                                                                                   .....RESPONDENTS


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

Applicant has filed this revision against judgment dated 03.01.2024 passed in Criminal Appeal No. 204/2022 by Sessions Judge, Tikamgarh, by

which finding of conviction has been upheld by the appellate Court under Sections 323/34 (four counts), however, sentence has been altered and respondent No.1 to 3 have been sentenced till rising of the Court in place of jail sentence of 6-6 months and fine amount has been enhanced from Rs. 500-500/- to Rs. 1000-1000/-.

2. Counsel appearing for applicant submitted that appellate Court had committed an error in exercising its jurisdiction to alter the sentence. Reasons which were given for altering the sentence are not adequate. In view of same, notices be issued and revision be admitted.

3. Heard the counsel for the applicant.

4. Section 386(b)(iii) gives power to appellate Court to alter the nature or the extent of sentence but not so as to enhance the same. Appellate Court has altered the sentence without enhancing it. Therefore, error jurisdiction has not been committed.

5. Counsel appearing for applicant has argued that proper reasons have not been assigned for altering the sentence. On going through judgment of appellate Court, it is found that appellate Court has also assigned reasons for altering the sentence. It has been mentioned that respondents do not have any criminal record and history. There was open fight between the parties. Simple injuries are caused and respondents are facing litigation for 6 years. Sufficient reasons have been given in the judgment passed by appellate Court for altering the sentence.

6. In these circumstances, I do not find any error of jurisdiction in judgment dated 03.01.2024 passed in Criminal Appeal No. 204/2022 by Sessions Judge, Tikamgarh. Criminal revision filed by applicant is dismissed.

(VISHAL DHAGAT) JUDGE vkt