Madhya Pradesh High Court
Krishna Gopal vs State Of M.P. on 24 July, 2025
Author: Anil Verma
Bench: Anil Verma
NEUTRAL CITATION NO. 2025:MPHC-GWL:15463
1 CRR-729-2007
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE ANIL VERMA
ON THE 24th OF JULY, 2025
CRIMINAL REVISION No. 729 of 2007
KRISHNA GOPAL
Versus
STATE OF M.P.
Appearance:
Shri Hari Krishan Singh Chauhan - Advocate for petitioner.
Shri Abhishek Singh Bhadouria - Public Prosecutor for
respondent/State.
ORDER
The petitioner has filed this revision under Section 397 and 401
Cr.P.C against the judgment dated 18.08.2007 passed by II Additional
Sessions Judge, Ganjbasoda, in Criminal Appeal No.296 of 2006,
whereby modifying the judgment dated 05.10.2006 passed by learned
JMFC, Ganjbasoda in Criminal Case No.1427 of 2006, the petitioner has
been convicted under Section 327 of IPC and sentenced to suffer two
years SI with fine of Rs.500/- with default stipulation.
2. As per the prosecution story, on 09.06.2006 at about 08:00 PM
when complainant Ashok Bansal along with Raghuveer Singh Kirar,
Ramkumar and Virendra Singh was sitting on his shop, at that time,
present petitioner along with other two co-accused persons came there
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and demanded Rs.30,000/- and when the complainant denied to give the
same amount to them, then petitioner/accused took out a gupti from his
waist and attacked upon the complainant. Ashok Bansal, due to which,
sustained injuries over his back. Accused persons also threatened the
complainant for his life and fled away from the spot. At the same time,
complainant lodged FIR at Police Station Shamshabad, District Vidisha.
Accordingly, offence has been registered against the accused persons.
3. After completion of investigation, charge-sheet has been filed
before JMFC, Ganjbasoda, who framed the charges under Sections 327,
506-B of IPC. The accused abjured his guilt and pleaded complete
innocence by stating that he has been falsely implicated in the case due
to previous dispute. The Trial Court has examined as many as 6
witnesses, while the defence has examined one witness. The Trial Court
after completion of trial, convicted petitioner/accused for the offence
punishable under Sections 327 of IPC and sentenced to suffer three
years SI with fine of Rs.500/-, but the Appellate Court has maintained
conviction of the petitioner along with other co-accused persons for the
offence under Section 327 of IPC and reduced the jail sentence of other
co-accused persons for the period already undergone by them with fine
of Rs.500/- and reduced the jail sentence of the petitioner by one year by
awarding sentence of two years SI with fine of Rs.500/-. Against that
judgment, this revision has been preferred by the petitioner.
4. Learned counsel for the petitioner urged during the course of
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arguments that he is not challenging the finding of Trial Court so far as
conviction of petitioner/accused under Section 327 of IPC is concerned.
The petitioner is facing trial since last 19 years. The petitioner/accused
has already undergone jail sentence from 12.06.2006 to 06.10.2006
(about 4 months) during trial and during appellate stage, he remained in
custody from 18.08.2007 to 17.10.2007 (about 2 months), total 6 months
and has deposited entire amount of fine before the Trial Court. Hence,
prayed that while awarding sentence, a lenient view may be adopted and
he may be sentenced to the sentence already undergone by him.
5. 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 petitioner accused
under Section 327 of IPC are based on proper reasoning. Hence,
conviction of the petitioner/accused is hereby confirmed. So far as the
sentence awarded to the petitioner-accused is concerned, he has already
undergone jail sentence of about 4 months during trial and during
appellate stage, he remained in custody for about 2 months, total about
6 months and has deposited the fine amount as imposed by the Trial
Court. Hence, the prayer made by the petitioner appears to be
reasonable. It is, therefore, ordered that sentence of the petitioner is
reduced to the period already undergone by him in jail with fine amount
as awarded by learned Trial Court and affirmed by the Appellate Court.
6. The petitioner is on bail, therefore, his bail bonds and surety
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4 CRR-729-2007
bonds shall stand discharged.
7. With the above modification, this criminal revision is partly
allowed and disposed of.
8. A copy of this order be sent to the concerning Court with
records for necessary compliance.
(ANIL VERMA)
JUDGE
Abhi
