Madhya Pradesh High Court
Bhupendra Singh @ Mitthu (Deleted) ) vs The State Of M.P. on 9 July, 2025
Author: Anil Verma
Bench: Anil Verma
NEUTRAL CITATION NO. 2025:MPHC-GWL:14132
1 CRR-292-2006
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE ANIL VERMA
ON THE 9 th OF JULY, 2025
CRIMINAL REVISION No. 292 of 2006
BHUPENDRA SINGH @ MITTHU (DELETED) ) AND OTHERS
Versus
THE STATE OF M.P.
Appearance:
Shri Rakesh Kumar Sharma Sr.Advocate with Ms.Bhavya Sharma
Advocate for the petitioners.
Shri Anurag Sharma - PP for the respondent/State.
ORDER
The petitioner No.1 Bhupendra Singh alias Mitthu has died during pendency
of this revision, therefore, his name was deleted from the array of parties of this
appeal in compliance of the order passed by this court on 09.05.2007.
2. The petitioners No.2 and 3 have filed this revision under Section 397
and 401 Cr.P.C against the judgment dated 29.03.2006 passed by First Additional
Sessions Judge Shivpuri in Cr.Appeal No.482 of 2005 affirming the judgment dated
06.09.2005 passed by learned CJM Shivpuri in Cr.Case No.496 of 1999 whereby,
the petitioner No.2 Harjinder Singh alias Gora has been convicted under section
326 of IPC and sentenced to under Two years RI with fine of Rs.2000/- and
petitioner No.3 Gurubux Singh alias Bagga has been convicted under Section
326/34 of IPC and sentenced to suffer two years RI with fine of Rs.2000/-
respectively with default stipulation.
3. Brief facts of the case are that on 11.12.1998 at about 9.00 AM while
complainant Jogender Singh Sikkh was coming to his village Gadhibadaud and
reached near Talab, the petitioners/accused came there armed with wooden stick
and axe and they committed marpeet with him, due to which, complainant
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2 CRR-292-2006
sustained certain injuries. He was admitted in Distt. Hospital, Shivpuri where he
lodged Dehati Nalishi and on the basis of that, FIR was registered at PS Shivpuri.
Accordingly, the offence has been registered against the petitioners. After
investigation, charge sheet was filed before CJM, Shivpuri where charges were
framed under section 326 read with Section 34 of IPC against all the three
petitioners-accused. They abjured their guilt and pleaded innocence. The
prosecution has examined as many as 15 witnesses while the defence has not
examined any witness. Learned trial Court after conclusion of trial, convicted
petitioners/accused under section 326 and 326/34 of IPC and sentenced him as
stated herein above. That finding of learned trial court has been affirmed by
learned appellate Court in Cr.Appeal No.482 of 2005. Against that judgment, this
revision has been preferred by the petitioners.
4. Learned counsel for the petitioners urged during the course of arguments
that he is not challenging the finding of trial court so far as conviction of
petitioners/accused under Section under 326 and 326/34 is concerned. The
petitioners Harjinder Singh alias Gora and Gurubux Singh alias Bagga are first
offenders and they remained in custody from 27.11.1998 to 08.03.1999 (71 days)
during trial and they also remained in custody from 29.03.2006 to 07.04.2006 (10
days) during pendency of appeal. The petitioners have been facing trial since last
27 years. Petitioner Harjinder Singh is aged about 51 years whereas, Gurubux is
aged about 58 years having no criminal antecedents. Fine amount as imposed by
the trial court has already been deposited by the petitioners. Hence, prayed that
while awarding sentence, a lenient view may be adopted and they may be
sentenced to the sentence already undergone by them.
5. Learned counsel for the state has formally opposed the prayer.
6. Considering the above facts and circumstances of the case as stated
above and the recorded evidence, it is concluded that the findings recorded by
both the courts below in convicting the petitioners-accused Harjinder Singh alias
Gora and Gurubux Singh alias Bagga under section 326 and 326/34 of IPC
respectively are based on proper reasoning. Hence, conviction of the petitioners-
accused are hereby confirmed. So far as the sentence awarded to the petitioners-
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3 CRR-292-2006
accused is concerned, they already suffered jail sentence for about 81 days.
Hence, the prayer made by the petitioners appears to be reasonable. It is therefore
ordered that the jail sentence of petitioners Harjinder Singh alias Gora and
Gurubux Singh alias Bagga is reduced to the period already undergone by them in
custody with fine as awarded by learned trial court and affirmed by the appellate
court.
7. The petitioners Harjinder Singh alias Gora and Gurubux Singh alias
Bagga are on bail, their bail bonds and surety bonds shall stand discharged.
8. With the above modification, this revision stands disposed of.
9. A copy of this order be sent to the concerning court with records for
necessary compliance.
(ANIL VERMA)
JUDGE
Rks
