Madhya Pradesh High Court

Shvi Narayan Singh vs The State Of Madhya Pradesh on 2 May, 2025

         NEUTRAL CITATION NO. 2025:MPHC-JBP:20583




                                                                1                                CRR-469-2025
                              IN     THE      HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                        BEFORE
                                     HON'BLE SHRI JUSTICE PRAMOD KUMAR AGRAWAL
                                                      ON THE 2 nd OF MAY, 2025
                                                CRIMINAL REVISION No. 469 of 2025
                                                     SHVI NARAYAN SINGH
                                                            Versus
                                                THE STATE OF MADHYA PRADESH
                           Appearance:
                                 Shri Akshar Deep - Advocate for the applicant.
                                 Shri Lokesh Jain- Government Advocate for the respondent/State.

                                                                 ORDER

This criminal revision under Section 397/401 of Cr.P.C. has been filed by the applicant being aggrieved by the judgment dated 15.01.2025 passed in CR.A.No.2/2025 by 4th Additional Sessions Judge, Deosar, District Singrauli (M.P.) whereby judgment dated 27.12.2024 passed in R.C.T. No.401241/2015 by J.M.F.C., Deosar, District Singrauli (M.P.) has been dismissed and conviction of the appellant has been affirmed.

2. Relevant facts, briefly stated are that on the basis of report, the case was registered against the applicant at Crime No.143/2015 at Police Station Chitrangi,

District Singrauli for commission of offence under Section 295 of IPC. After completion of investigation, charge-sheet was filed before the Competent Court.

3. After recording the statements of prosecution witnesses and appreciating the evidence led by parties, learned Trial Court convicted the applicant for the offence punishable under Section 295 of IPC and sentenced him to undergo R.I. for one year with fine of Rs.2,000/- with default stipulation.

3.1 Being aggrieved with the impugned judgment, the applicant has

NEUTRAL CITATION NO. 2025:MPHC-JBP:20583

2 CRR-469-2025 preferred criminal appeal before the Appellate Court which was dismissed. Hence, this revision has been preferred before this Court.

4. Learned counsel for the applicant expressly gave up his challenge to the findings of the Court below so far as the conviction of the applicant is concerned. In other words, learned counsel for the applicant accepted the finding of conviction passed against the applicant, however, he challenged the quantum of punishment alone. It is submitted that the applicant is the only earning member in his family, he is the first offender and counsel assures that he will not involve in such criminal activities in future. It is also submitted that having regard to all circumstances which resulted in applicant's conviction and further keeping in view the fact that the appellant is facing the trial since the year 2015, therefore, it is prayed that the jail sentence of applicant be reduced suitably.

5. Learned State counsel has submitted that after appreciating the evidence produced by the prosecution, the Courts below has rightly found the applicant guilty for the aforesaid offence, therefore, no grounds are available for reducing the jail sentence awarded to the applicant, hence, he prayed for dismissal of the revision.

6. Having heard learned counsel for the parties and on perusal of entire record of the case, I am inclined to allow this revision in part upon finding some force in the submissions made by the learned counsel for the applicant.

7. Though, the applicant has not made any attempt to assail the finding of his conviction on merits, yet with a view to satisfy myself as to whether the findings of the Court below of conviction is legally sustainable or not, I perused the record and especially therein having so perused, I am satisfied that no case is made out to interfere in the findings of the Courts below on merits. From the

NEUTRAL CITATION NO. 2025:MPHC-JBP:20583

3 CRR-469-2025 perusal of the record, it reveals that the finding of the trial court is based on proper appreciation of oral and documentary evidence therefore, upheld the findings of conviction of applicant under Section 295 of IPC recorded by the Trial Court. The applicant has suffered more than 3 & 1/2 months of imprisonment.

8. Considering the submissions of learned counsel for the applicant, period of jail sentence and looking to the facts and circumstances of the present case, I am of the considered view that the ends of justice would be met if the applicant is sentenced for the period already undergone by him with some enhancement in the fine amount.

9. Consequently, the revision is partly allowed. The impugned conviction is hereby maintained. However, the jail sentence imposed on applicant is reduced to the period already undergone by him and fine of Rs.2,000/- is enhanced to Rs.5,000/-for Section 295 of IPC which shall be deposited within 45 days before the Trial Court. In default of payment of fine amount within the stipulated period, the applicant shall suffer S.I. for one month. The applicant is on bail. His bail bond stands discharged.

10. With the aforesaid modification, the present criminal revision stands partly allowed.

11. Let a copy of this order alongwith record be sent to the Trial Court for information and necessary compliance.

Certified copy as per rules.

(PRAMOD KUMAR AGRAWAL) JUDGE