Madhya Pradesh High Court
Tejram Kewat vs The State Of Madhya Pradesh on 29 July, 2025
Author: Dinesh Kumar Paliwal
Bench: Dinesh Kumar Paliwal
NEUTRAL CITATION NO. 2025:MPHC-JBP:34998
1 CRR-3108-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
ON THE 29th OF JULY, 2025
CRIMINAL REVISION No. 3108 of 2025
TEJRAM KEWAT AND OTHERS
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Madan Singh - Advocate for the applicants.
Smt. Geeta Yadav - Government Advocate for the respondent/State.
ORDER
This revision petition under Section 438/442 of BNSS, 2023 has
been filed by the applicants assailing the appeal judgment dated
07.04.2025 (Annexure-A/1) passed by learned Additional Session Judge,
Lavkushnagar, District Chhatarpur (MP) in Criminal Appeal No.64/2023
(Tejram Kewat & Others Vs. State of M.P. ) whereby learned Appellate
Court has partly allowed the appeal preferred against the judgment of
conviction and order of sentence dated 12.10.2023 (Annexure-A/2)
passed by learned Judicial Magistrate First Class, Lavkushnagar, District
Chhatarpur (MP) in RCT No.324/2020 (State of M.P. Vs. Tejram Kewat
& Others) whereby applicants/accused were convicted for commission of
offence under Sections 323/34, 325/34 of IPC and each of them were
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sentenced to undergo R.I. for six months & directed to pay fine of
Rs.500/- and to undergo R.I. for one year & directed to pay fine of
Rs.1,000/- respectively with default stipulations. The learned Appellate
Court setting aside the judgement of applicants' conviction under Section
323/34 of IPC has affirmed the applicants' conviction under Section
325/34 of IPC and for that offence, it has also modified/reduced the
applicants' jail sentence from one year R.I. with fine of Rs.1,000/- (as
awarded by learned JMFC) to six months R.I. with fine of Rs.1,500/-.
2 As per the prosecution story, complainant and sister of
applicant Tejram were having love relations with each other since last
four years. They were willing to marry but family members of the girl
were not ready for their marriage. On 14.07.2020, at around 6:30 P.M.
Sanjay Kewat met applicant's sister near Lohrak River. While they were
talking, in the meantime applicant along with other co-accused persons
came there. Applicant Tejram gave a lathi blow on the left hand of
complainant. Applicant Khilua Kewat gave second blow on the right arm
of the complainant and Yogesh Kewat gave lathi blow on the thumb of
right leg of the complainant and due to which blood started to ooze.
Complainant started shouting and due to which complainant's father
Thakurdin, aunt Kesarbai, cousin brother Lekhram, uncle Ramu Kewat,
mother Golho Kewat and witness Anil Kewat came and confronted the
applicants, but they fled from the spot by giving life threat. FIR was
registered at FIR No.37/2020 for offence under Sections 323, 294, 506,
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34, 325 of IPC.
3 On completion of investigation, applicants/accused were
charge-sheeted for commission of offence under Sections 294, 323/34,
325/34, 506 part-II of IPC. Charges were framed by the learned JMFC,
Lavkushnagar, Chhatarpur.
4 After recording evidence of the parties and hearing them,
learned J.M.F.C. found the prosecution case proved in respect of offence
under Sections 323/34, 325/34 of IPC and convicted & sentenced the
applicants as stated above in preceding paragraph No.1; but acquitted the
applicants/accused for offence under Sections 294, 506 part-II of IPC.
An appeal was preferred by the applicants/accused before the Court of
Sessions and learned Additional Sessions Judge, Lavkushnagar,
Chhatarpur partly allowed the appeal and modified the judgment of
conviction and order of sentence as stated herein above. Hence, this
criminal revision.
5 At the very outset, learned counsel for the applicants has
submitted that he does not want to challenge the conviction of the
applicants/accused under Section 325/34 of IPC passed by the Appellate
Court. It is submitted that only six months sentence has been awarded by
the Appellate Court to the applicants for the said offence and out of that,
they have already suffered approximately a period of three months & 22
days so far. Therefore, it is prayed that jail sentence awarded to the
applicants may be reduced to the period of jail sentence already
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undergone by them.
6 On the other hand, learned counsel for the respondent/State has
supported the findings given by the Appellate Court and has prayed for
dismissal of the revision.
7 I have heard learned counsel for the parties and perused the
findings recorded by the Courts below & the material available on
record.
8 Learned Appellate Court has duly appreciated the oral and
documentary evidence on record and has rightly come to the conclusion
that applicants have committed offence under Section 325/34 of IPC.
There are no reasons to interfere with the findings recorded by the
Appellate Court. Therefore, conviction of applicants for commission of
offence under Section 325/34 of IPC passed by the learned Additional
Sessions Judge being just and proper is hereby affirmed.
9 As far as, prayer for reduction of jail sentence of applicants is
concerned, it is apparent that applicants have already suffered
approximately a period of three months & 22 days as substantive jail
sentence, therefore, I am of the view that it would be just and proper, if
jail sentence awarded to applicants is reduced/modified to the period
already undergone by them so far.
10 Therefore, having taken into consideration the above
submissions and others facts & circumstances of the case, it appears just
and proper to modify the sentence. Therefore, applicants' jail sentence of
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RI for six months (as passed by Additional Sessions Judge,
Lavkushnagar, Chhatarpur) for commission of offence under Section
325/34 of IPC is modified and applicants/accused are sentenced to the
period of jail sentence already undergone by them so far by enhancing
the fine amount. Thus, as far the jail sentence of the applicants is
concerned, it is modified and is reduced to the period already undergone
by them by enhancing the fine amount from Rs.1500/- to Rs.5,000/- (by
each applicant).
11 Each applicant is directed to deposit the enhanced fine
amount as quantified by this Court before the trial Court within a period
of one month from today. The amount of fine, if any, already deposited
be adjusted.
12 Registry/trial Court is directed to prepare super-session
warrant/release warrant and to send the same to the Superintendent of
jail/Jail authorities concerned with a direction that if applicants/accused
are not required in any other case, they be released in this case
forthwith. However, it is clarified that if fine amount as quantified by this
Court is not deposited within a period of one month from today,
applicants would surrender themselves to serve out the entire jail
sentence as awarded by the learned Courts below with default
stipulations.
13 The order of the Trial Court with regard to the disposal of the
property is affirmed.
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14 Learned Trial Court is directed to ensure the aforesaid
compliance.
15 Consequently, this criminal revision is disposed of with the
aforesaid modification in the sentence.
16 Let records of the Trial Court as well as Appellate Court
along with copy of this order be sent down to Court concerned for
information and necessary compliance through the Sessions Judge,
Chhatarpur (MP).
(DINESH KUMAR PALIWAL)
JUDGE
@shish
