Madhya Pradesh High Court
Mitthu Ram vs State Of M.P. on 13 September, 2025
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
LOK ADALAT
HON'BLE SHRI JUSTICE ASHISH SHROTI
&
SHRI RAGHVENDRA DIXIT, ADVOCATE
ON THE 13th OF SEPTEMBER, 2025
CRIMINAL REVISION NO. 147 of 2011
MITTHURAM
Vs.
STATE OF MADHYA PRADESH
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APPEARANCE:
Shri Akshat Jain - Advocate for the petitioner.
Shri K.K.Prajapati - Public Prosecutor for the respondent/State.
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ORDER
Per. Justice Ashish Shroti-
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 10/2/2011 passed by the Additional Sessions Judge,
Karera, District Shivpuri in Criminal Appeal No. 169/2010 affirming
the judgment of conviction and order of sentence dated 13/7/2010
passed by Judicial Magistrate First Class, Karera, District Shivpuri
(M.P.) by which he has been sentenced as under:
Section Sentence Fine
304-A of IPC 1 years RI 300/- with default stipulation
279 of IPC 6 months RI 300/- with default stipulation
2. It is the submission of learned counsel for the petitioner that the
present case pertains to offence under Section 279 and 304-A of IPC.
The offence is of the year 2006 and petitioner suffered more than 6
days incarceration as pre and post trial confinement. Further from the
date of incident, petitioner suffered almost 18 years' ordeal of trial.
Hence, it is submitted that the case of petitioners be considered for
the sentence which is already undergone by him, for which he is
ready to pay compensation/fine at higher side in view of provisions of
Section 357 of Cr.P.C.
3. Learned counsel for the respondent/State opposed the prayer.
However, he fairly accepted that if petitioner is ready to pay the
enhanced fine amount/compensation, then only his case for
undergone may be considered so that enhanced amount (fine) can be
given to the complainant.
4. Considering the facts and circumstances of the case, especially
looking to the fact that for more than 18 years, petitioner has suffered
ordeal of trial and the proceedings before the trial court, appellate
court and as well as before this Court and the fact that petitioner has
suffered incarceration also, jail sentence of petitioner is reduced to
the period already undergone by him maintaining the conviction
recorded by the Courts below and in view of Section 357 of Cr.P.C.,
fine amount which has been imposed by the Courts below is hereby
enhanced. Petitioner is directed to pay enhanced compensation of
Rs.4,000/-(in addition to the fine amount imposed by Courts
below) within two months from today while giving undertaking
before the trial Court that if he fails to pay the enhanced amount of
compensation i.e. Rs.4,000/- (Rupees Three Thousand only) within
stipulated period of time, then the trial Court shall proceed against
the petitioner to serve remaining part of his jail sentence for which
the Courts below have sentenced him. It is made clear that this
benefit of undergone has been given to the petitioner in peculiar facts
and circumstances of the case where petitioner has suffered
incarceration also. The enhanced compensation amount shall be paid
to the complainant/State after due verification. Petitioner is on bail,
his bail bonds stand discharged.
5. Resultantly, the revision petition preferred by the petitioner stands
disposed of in above terms.
6. Copy of the judgment be sent to the trial Court concerned for
information and necessary compliance.
(ASHISH SHROTI) (RAGHVENDRA DIXIT)
MEMBER MEMBER
jps/-
