Madhya Pradesh High Court
Bandhu vs State Of M.P on 28 August, 2025
Author: Anil Verma
Bench: Anil Verma
NEUTRAL CITATION NO. 2025:MPHC-GWL:19603
1 CRR-567-2013
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE ANIL VERMA
ON THE 28th OF AUGUST, 2025
CRIMINAL REVISION No. 567 of 2013
BANDHU AND OTHERS
Versus
STATE OF M.P
Appearance:
Shri Ravi Shankar Gupta, Advocate appeared through Legal Aid.
Shri A. P. S. Tomar, Public Prosecutor for State.
ORDER
Today nobody has appeared on behalf of the petitioners. This criminal
revision is pending since 2013, therefore, in the interest of justice, Shri Ravi
Shankar Gupta, Advocate, who is present in the Court and his name is in the
panel of Legal Aid Committee, Gwalior, is appointed as counsel for
the petitioner.
During the pendency of this revision petitioner No.1 Bandhu has been
died on 25.10.2015. Therefore, vide order dated 4.10.2016 appeal has been
abated against petitioner No.1/accused Bandhu and this criminal revision
remains pending regarding petitioner No.2 & 3 only.
1. The petitioners have preferred this Criminal Revision under
Section 397 read with Section 401 of the Code of Criminal Procedure, 1973
(in short 'Cr.P.C.') being aggrieved by the impugned judgment dated
10.07.2013 passed by Additional Sessions Judge, Pichore District Shivpuri
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in Criminal Appeal No.60/2012, whereby the judgment of conviction and
sentence dated 11.01.2012 passed by Judicial Magistrate First Class,
Khaniyadhana, District Shivpuri in Criminal Case No.220/2009, by which
petitioners have been convicted for the offence under Section 324/34 of IPC
and sentenced to suffer 6 months RI with fine of Rs.200/- each with usual
default stipulation, has been modified and petitioners have been convicted
for the offence under Section 323/34 of IPC and sentenced to undergo 3
months RI with fine of Rs.200/- each and acquitted them of the charges
under Section 324/34 of IPC.
2. Prosecution story, in brief, is that on 22.3.2009 at about 6:30 AM
when complainant Vijay Singh was returning towards his home from his
field, at that time, nearby electric pole, appellant Bandhu, Komal Singh,
Indar Singh and Kok Singh met him and abused him in filthy language by
stating that he has beaten their cattles and thereafter they committed marpeet
with him by means of axe and wooden stick. Due to which, complainant
Vijay sustained injuries over his leg, shoulder, head and back. Witness
Hasmukhi, Dillu and Palturam came there for intervention. Thereafter,
complainant Vijay Singh lodged an FIR at P.S. Khaniyadhana, District
Shivpuri. Accordingly, the offence has been registered.
3. After completion of investigation, charge-sheet has been
filed before Judicial Magistrate First Class, Khaniyadhana, who has framed
the charges under Section 294, 324/34, 506-B of IPC. Petitioner/accused
persons abjured their guilt and pleaded complete innocence. Prosecution has
examined as many as 6 witnesses before the Trial Court, while defence did
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not examine any witness.
4. The Trial Court after considering the submissions advanced by
both the parties and scrutinizing entire evidence available on record, the trial
Court acquitted the accused persons from charges under Section 294, 506-B
of IPC but convicted them for the aforesaid offence. Being aggrieved by the
said conviction and sentence, the petitioner has preferred a Criminal Appeal
before Additional Sessions Judge, Pichore, but the appeal has been partly
allowed and Lal singh has been acquitted from all the charges but convicted
other accused persons under Section 323/34 of IPC and sentenced them to
undergo 3 months RI with fine of Rs.200/- each. Being aggrieved by the said
conviction and sentence, petitioner has preferred this Criminal Revision
before this Court.
5. The petitioners have preferred present Revision on several
grounds, but during the course of the argument, learned counsel for the
petitioners submits that petitioners do not want to press this Criminal
Revision on merit and are not assailing the conviction and sentence part of
the judgment. They have confined their argument only to the extent of
quantum of the sentence and their sole prayer is that the imprisonment of the
petitioners be reduced to the period already undergone by them, as the
petitioner is facing trial for last 16 years and they have suffered jail
incarceration for about 7 days, therefore, their jail sentence be reduced to
the period already undergone by them.
6. Per contra, learned counsel for the respondent/State opposes
the revision and prays for its rejection by submitting that both the Courts
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below have rightly convicted and sentenced the petitioners and the sentence
in question is sufficient.
7. Heard learned counsel for both the parties and perused the record.
8. In view of the submissions made by learned counsel for
the petitioners, although the conviction has not been challenged, but
bare perusal of the evidence available on record also justifies the judgments
of conviction passed by both the Courts below.
9. So far as the quantum of jail sentence is concerned, the submissions
made by learned counsel for the petitioners appear to be just and proper.
Petitioners have suffered jail incarceration from from 19.12.2011 to
20.12.2011 and from 19.7.2013 to 24.7.2013 (about 7 days). Therefore, in
the interest of justice, it would be appropriate to reduce the jail sentence to
the period already undergone by the petitioners.
10. Considering the aforesaid, the revision is partly allowed
by maintaining the conviction of the petitioners, but reducing their jail
sentence to the period already undergone by them. The fine amount imposed
upon the petitioners is hereby affirmed.
11. Petitioners are on bail. Their surety and bail bond stands
discharged.
12. A copy of this order be sent to the Secretary, Legal
Aid Committee, Gwalior to pass formal order regarding appointment
and payment of counsel fee to the concerned Advocate through Legal Aid
in accordance with rules.
13. Let a copy of this order alongwith record of both the Courts
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below be sent back to the concerned Courts for information and
necessary compliance.
14. Certified copy as per rules.
(ANIL VERMA)
JUDGE
R
