Madhya Pradesh High Court
Kamarji vs The State Of Madhya Pradesh on 8 March, 2025
Author: Anand Pathak
Bench: Anand Pathak
NEUTRAL CITATION NO. 2025:MPHC-GWL:5559
1 CRR-3476-2018
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE LOK ADALAT
HON'BLE SHRI JUSTICE ANAND PATHAK
&
HARISH DIXIT, SENIOR ADVOCATE
ON THE 8 th OF MARCH, 2025
CRIMINAL REVISION No. 3476 of 2018
KAMARJI AND OTHERS
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Pawan Vijayvargiya - Advocate for petitioners.
Shri A.K. Nirankari - Government Advocate for respondent/State.
ORDER
1. The present petition under Section 397 and 401 of Cr.P.C. is
preferred by the petitioner against the judgment of conviction and order of
sentence dated 17.07.2018 passed by Sessions Judge, Guna in Criminal
Appeal No.425/2015; whereby, the judgment of conviction and order of
sentence dated 20.11.2015 passed by JMFC, Guna in Criminal Case
No.82/2011 was affirmed and petitioners have been convicted as under :
Offence u/S Imprisonment Fine
Rs.500-500/- with default
325/34 of IPC 1-1 year's S.I.
stipulation.
323/34 of IPC (Three
6-6 months S.I --
counts)
2. It is the submission of learned counsel for the petitioners that the
present case pertains to offence under Section 325/34 and 323/34 of IPC.
NEUTRAL CITATION NO. 2025:MPHC-GWL:5559
2 CRR-3476-2018
The offence is of the year 2011 and petitioners suffered ordeal of trial for
almost 15 years. Offence found proved against the petitioners is
compoundable in nature. Petitioners have suffered incarceration for around
41 days' hence, it is submitted that the case of petitioners may be considered
for the sentence which is already undergone by them, for which they are
ready to pay compensation/ fine at higher side in view of the provisions of
Section 357 of Cr.P.C. as this Court deems fit.
3. Learned counsel for the respondent/State opposed the prayer.
However, he fairly accepted that if petitioners are ready to pay fine amount at
higher side, then only their case for undergone may be considered so that
enhanced amount of fine can be given to the complainants which may come
for their welfare.
4. Considering the facts and circumstances of the case, especially
looking to the fact that for more than two decades, petitioners have suffered
ordeal of trial and the proceedings before the trial Court, appellant Court and
as well as before this Court and the fact hat petitioners have already suffered
41 days' incarceration each, jail sentence of petitioners is reduced to the
period already undergone by them maintaining the conviction recorded by
the courts below and in view of provisions of Section 357 Cr.P.C., the fine
amount which has been imposed by the trial Court deserves to be enhanced.
5. Accordingly, petitioners are directed to pay compensation of
Rs.2500/- each (in addition to the fine amount imposed by the Courts below)
within two months from today to the victim/complainant while giving
undertaking before the trial Court that if they failed to pay enhanced amount
NEUTRAL CITATION NO. 2025:MPHC-GWL:5559
3 CRR-3476-2018
of compensation Rs.2500/-each within stipulated period of time as directed
by this Court, then the trial Court shall proceed against the petitioners to
serve the remaining jail sentence, which Courts below awarded to them. It is
made clear that this benefit of undergone has been given to the petitioners in
peculiar facts and circumstances of the case where petitioners suffered
around 41 days' incarceration and suffered ordeal of trial for almost 14
years. The compensation amount shall be paid to the complainants after due
verification. Petitioners are on bail. Their bail bonds stand discharged.
6. Resultantly, the revision petition preferred by the petitioner stands
disposed of in above terms.
7. Copy of the judgment be sent to the trial Court concerned for
information and necessary compliance.
(ANAND PATHAK) (HARISH DIXIT)
MEMBER MEMBER
(LJ*)
