[Cites 4, Cited by 0]
Madhya Pradesh High Court
Yatindra Kumar Dwivedi vs The State Of Madhya Pradesh on 22 January, 2026
Author: Avanindra Kumar Singh
Bench: Avanindra Kumar Singh
NEUTRAL CITATION NO. 2026:MPHC-JBP:6247
1 CRR-208-2013
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE AVANINDRA KUMAR SINGH
ON THE 22nd OF JANUARY, 2026
CRIMINAL REVISION No. 208 of 2013
YATINDRA KUMAR DWIVEDI AND OTHERS
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Manoj Singh - Advocate for the applicants.
Smt. Vibha Pathak - Panel Lawyer for the respondent/State.
ORDER
Learned Panel Lawyer for the State submits that Tulsidas Dwivedi
S/o Ramji had expired and death verification report has been received,
according to which he died on 08/11/2018.
2. Accordingly, the revision is abated on behalf of applicant No.2
Tulsidas Dwivedi.
3. Record is available.
4. With the consent of the parties, the revision is finally heard for
applicants no.1, 3 & 4 namely Yatindra Kumar Dwivedi, Rakesh Kumar
Dwivedi and Ramesh Kumar Dwivedi respectively.
5. This revision is filed being aggrieved of the judgment dated
29/01/2013 passed by the learned Additional Sessions Judge, Maihar
District Satna (MP) in Criminal Appeal No.290/2012 arising out of the
judgment dated 29/08/2012 passed by the JMFC, Maihar in Criminal
NEUTRAL CITATION NO. 2026:MPHC-JBP:6247
2 CRR-208-2013
Case No.748/2009 and convicted the applicants under Sections 325/34
of IPC(two counts) and sentenced to undergo RI for one year with fine
of Rs.300/- and under Section 323/34 of IPC and sentenced to under RI
for 3 months with fine of Rs.300/-, with default stipulations.
6. Heard learned counsel for the parties and perused the record.
7. At the outset, learned counsel for the applicants submits that although
he has filed this revision against the judgment including conviction and
sentence both, but he is not pressing this revision against conviction. He
is pressing the revision only for quantum of sentence.
8. Learned Panel Lawyer for the State has no objection on the prayer
made by learned counsel for the applicants.
9. Although the revision is not being pressed against conviction but for
the justice between the parties, this Court perused the record.
10. On perusal of the oral as well as documentary evidence on record
and the statements of Kiran Dwivedi (PW-1), Anil Kumar Chaturvedi
(PW-2), Pawan Dwivedi (PW-3), Shravan Ram Dwivedi (PW-4),
Amritlal Dwivedi (PW-5), Vinod Kumar (PW-6), Dr. V. K. Gautam
(PW-7), who has examined complainant Amrit Lal Dwivedi and found
simple injuries on his left leg and on right hand. He advised for X-ray,
according to which there was a fracture in right hand. He also examined
complainant Kiran Dwivedi. She was also found fracture in her 8th rib.
Dr. Kamlesh Gupta (PW-8), Ram Kripal Yadav (PW-9) and S.I. R.N.
Mishra (PW-10) and the statements of accused persons under Section
313 of Cr.P.C. and the statement of defence witness Phoolchand
NEUTRAL CITATION NO. 2026:MPHC-JBP:6247
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Kushwaha (DW-1), it is seen that conviction of the applicants under
Sections 325/34 and 323/34 of IPC is well justified.
11. Accordingly, the revision against conviction is rejected.
12. Considered the arguments on the quantum of punishment.
13. On perusal of the record, it is seen that when the appeal was
dismissed on 29/01/2013, the applicants were sent to the jail. Thereafter,
bail was granted by this Court vide order dated 11/02/2013 and the same
was verified on 13/02/2013.
14. Considering the facts and circumstances of the case and the fact that
this revision is of the year 2013, this Court is of the view that the ends of
justice would be met if the sentence of imprisonment awarded to the
applicants under Section 325/34 and 323/34 of IPC is reduced to the
period already undergone by them by enhancing the fine amount under
Section 325/34 of IPC (2 counts) from Rs.300/- to Rs.2500/- each count,
total Rs.5000/- and under Section 323/34 of IPC from Rs.300/- to
Rs.1,000/-.
1 5 . The applicants no.1, 3 & 4 namely Yatindra Kumar Dwivedi,
Rakesh Kumar Dwivedi and Ramesh Kumar Dwivedi are directed to
deposit the enhanced fine amount as quantified by this Court before the
Trial Court within a period of 30 days from today. Fine amount, if any,
already deposited shall be adjusted.
16. The total enhanced fine amount of Rs.16,200/-, out of which
Rs.14,000/- shall be paid to complainant Kiran Dwivedi (PW-1) and
Rs.2200/- shall be paid to complainant Amritlal Dwivedi (PW-5).
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17. Learned Trial Court is directed to ensure the aforesaid compliance.
18. This criminal revision is disposed of to the extent indicated herein
in above.
19. Let record of Trial Court along with copy of this order be sent to
the Court concerned for information and necessary action.
Certified copy as per rules.
(AVANINDRA KUMAR SINGH)
JUDGE
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