Madhya Pradesh High Court

Baalu vs State Of Madhya Pradesh on 4 July, 2025

           NEUTRAL CITATION NO. 2025:MPHC-IND:16698




                                                             1                             CRR-2856-2025
                             IN     THE      HIGH COURT OF MADHYA PRADESH
                                                    AT INDORE
                                                        BEFORE
                                         HON'BLE SHRI JUSTICE GAJENDRA SINGH
                                                   ON THE 4 th OF JULY, 2025
                                             CRIMINAL REVISION No. 2856 of 2025
                                                          BAALU
                                                          Versus
                                                STATE OF MADHYA PRADESH
                          Appearance:
                                  Shri Gourav Shrivastava - Advocate for the petitioner.

                                  Shri SS Thakur G.A appearing on behalf of Advocate General.

                                                                 ORDER

This criminal revision filed under Section 438 read with Section 442 of the BNSS, 2023 is preferred challenging the conviction under Section 325 of the IPC and sentence of 6 months R.I with fine of Rs.500/- alongwith default stipulation of 07 days R.I in Criminal Appeal No.52/2024 by Second Additional Sessions Judge, Agar, District Agar arising out of judgment dated 07.08.2024 in RCT No.400846/2016 by JMFC Agar.

2. Facts in brief are that revision petitioner and victim PW/1, Rodu are

real brothers and the incident occurred on 20.11.2016 at 7:30 am in Village Ratankhedi, Police Station Agar, District Agar Malwa. While Rodu, younger brother of the petitioner was cutting the grass from the field, the revision petitioner was coming at the field and abusing him, using obscene language and assaulting him with stones and causing grievous injury to his right hand, as a result of which a crime bearing Crime No.615/2016 was registered

NEUTRAL CITATION NO. 2025:MPHC-IND:16698

2 CRR-2856-2025 against the revision petitioner at Police Station Agar.

3. The trial Court convicted the appellant under Section 325 of the IPC and sentence him to 1 year R.I. with fine of Rs.1,000/-. In the appeal, the sentence of imprisonment was reduced to six months but the rest of judgment of conviction and sentence was affirmed.

4. This revision petition is preferred for challenging the conviction and sentence but during arguments, learned counsel has submitted that they are not challenging the conviction and are praying for modifying the sentence of imprisonment.

Perused the record.

5. Relationship of the victim and the revision petitioner, the genesis of the incident and the age of revision petitioner as mentioned in the judgment

of 68 years and the fact that revision petitioner is in custody since 16.06.2025 and the revision petitioner have no criminal antecedents, no fruitful purpose will be served if the revision petitioner remains in the jail for a further period.

6. Accordingly, this revision is partly allowed and sentence of revision petitioner is modified and sentence of six months R.I. is reduced to the period already undergone and the fine of Rs.1,000/- is enhanced to Rs.15,000/-. The appellants/accused shall deposit the fine amount within 30 days from the date of his release failing which he shall undergo the period of sentence of two months R.I. The amount of fine deposited by the appellants/accused before the trial Court shall be adjusted towards in amount of fine. The amount fine shall be disbursed to victim as compensation under

NEUTRAL CITATION NO. 2025:MPHC-IND:16698

3 CRR-2856-2025 Section 357 of the Cr.P.C.

7. A copy of the judgment be forwarded to the victim Rodu as PW/1.

8. With the aforesaid, the criminal revision is disposed off.

9. Record be remitted to trial Court for compliance.

(GAJENDRA SINGH) JUDGE

Shilpa