Madhya Pradesh High Court
Gajanan vs The State Of Madhya Pradesh on 22 April, 2025
NEUTRAL CITATION NO. 2025:MPHC-JBP:18412
1 CRR-1297-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE PRAMOD KUMAR AGRAWAL
ON THE 22nd OF APRIL, 2025
CRIMINAL REVISION No. 1297 of 2025
GAJANAN AND OTHERS
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Ashutosh Tiwari - Advocate for the applicants.
Shri Atmaram Bain - Dy. Government Advocate for the
respondent/State.
ORDER
This criminal revision under Section 438/442 of BNSS has been filed
by the applicants being aggrieved by the judgment dated 29.06.2024 passed
in CRA.No.18/2022 by Additional Sessions Judge, Pandhurna, District-
Chhindwara (M.P.) whereby judgment dated 08.07.2022 passed in Criminal
Case No.73/2018 by J.M.F.C., Pandhurna, District Chhindwara has been
affirmed.
2. Relevant facts, briefly stated are that on the basis of report, the case
was registered against the applicants at Police Station Pandhurna, District -
Chhindwara. After completion of investigation, charge-sheet was filed
before the Competent Court.
3. After recording the statements of prosecution witnesses and
appreciating the evidence led by parties, learned Trial Court found the
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applicants guilty for the offence punishable under Section 325/34 of IPC and
sentenced them to undergo R.I. for 1 year with fine of Rs.1000/- with default
stipulation. Being aggrieved with the impugned judgment, the applicants
have preferred criminal appeal before the Appellate Court which was
dismissed and sentence has been affirmed. Hence, this revision has been
preferred before this Court.
4. Learned counsel for the applicants expressly gave up his challenge
to the findings of the Court below so far as the conviction of the applicants is
concerned. In other words, learned counsel for the applicants accepted the
finding of conviction passed against the applicants, however, he challenged
the quantum of punishment alone. Learned counsel for the applicants assures
that they will not involve in such criminal activities in future. It is also
submitted that having regard to all circumstances which resulted in
applicants' conviction and further keeping in view the fact that the applicants
are facing the trial since the year 2018, therefore, he prayed that the jail
sentence of applicants be reduced suitably.
5. Learned counsel for the respondent/State has submitted that after
appreciating the evidence produced by the prosecution, the Court below has
rightly found the applicants guilty for the aforesaid offence, therefore, no
grounds are available for reducing the jail sentence awarded to the
applicants, hence, he prayed for dismissal of the revision.
6. Having heard learned counsel for the parties and on perusal of entire
record of the case, I am inclined to allow this revision in part upon finding
some force in the submissions made by the learned counsel for the
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applicants.
7. Though, the applicants have not made any attempt to assail the
finding of their conviction on merits, yet with a view to satisfy myself as to
whether the findings of the Court below of conviction is legally sustainable
or not, I perused the record and especially therein having so perused, I am
satisfied that no case is made out to interfere in the findings of the Court
below on merits. From the perusal of the record, it reveals that the finding of
the trial court is based on proper appreciation of oral and documentary
evidence therefore, upheld the findings of conviction of applicants under
Section 325/34 of IPC recorded by the Court below. The applicants have
suffered about 10 months of imprisonment (from date of judgment i.e.
29.06.2024 till date).
8. Considering the submissions of learned counsel for the applicants,
period of jail sentence and looking to the facts and circumstances of the
present case, I am of the considered view that the ends of justice would be
met if the applicants are sentenced for the period already undergone by them.
9. Consequently, the revision is partly allowed. The impugned
conviction is hereby maintained. However, the jail sentence imposed on
applicants is reduced to the period already undergone by them and fine
amount imposed upon them is maintained.
10. The applicants are in jail, therefore, Registry/Trial Court is
directed to prepare super-session warrant/release warrant and to sent the
same to the Superintendent of jail/Jail authorities concerned with a direction
that if applicants are not required in any other case, they be released in this
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case forthwith.
11. With the aforesaid modification, the present criminal revision
stands partly allowed.
12. Let a copy of this order alongwith record be sent to the Appellate
Court and Trial Court for information and necessary compliance.
Certified copy as per rules.
(PRAMOD KUMAR AGRAWAL)
JUDGE
RC
