Devkaran And Others vs State Of Madhya Pradesh

Submissions were made on this criminal revision filed under Section 397 read with 401 of Cr.P.C. arising out of judgment of the 2nd Additional Sessions Judge, Indore in Criminal Appeal No.25/2018 pronounced on 19.06.2019, whereby the applicants have been convicted under Section 323 and 323/34 of IPC and sentenced each of them with 2 months RI with fine of Rs.500/- each.

Learned counsel for the applicants submit that instead of making submission on the application for suspension of jail sentence, he would make final submissions.

Final submissions were made by both the counsels for the parties.

Learned counsel for the applicants does not seek to challenge the order of conviction but would make submissions only to the quantum of sentence.

As per the prosecution story, on 30.01.2018, complainant's son Gokul was accompanied by applicant Kamal for selling soyabean and when complainant Gajraj approached applicant Kamal and asked him whereabouts of his son Gokul, applicant Kamal got enraged on the complainant so asking and he and other co-accused persons inflicted injuries with stick on complainant Gajraj and also his brother Hukum when he intervened. Initially, charge-sheet was filed under Sections 294, 323, 506-II and 325/34 of IPC. However, Trial Court, JMFC, Indore vide judgement dated 30.01.2018 passed in Criminal Case No.2491/2013 found offence only under Section 325/34 of IPC proven against the applicants and they were sentenced to 1 year 6 months RI with fine of Rs.500/- each with default stipulations.

The Appellate Court found that there was no evidence to show that the complainant had suffered fracture and therefore conviction under Sections 325 and 325/34 of IPC was reduced to 323 and 323/34 of IPC, as described above.

Perused copy of the deposition sheets and all other documents. Perusal of the aforesaid justifies the conviction under Sections 323 and 323/34 of IPC. Consequently, conviction is maintained under these provisions of IPC. Adverting to the quantum of sentence, applicants are in jail since 19.06.2019 and they had completed one month out of total two months awarded to them. It is submitted by the counsel for the applicants that they have already deposited the fine amount.

On due consideration of the aforesaid, ends of justice would be met if the period spent in jail is considered to be adequate sentence. Consequently, period undergone by the applicants in jail shall be the adequate sentence with no change in fine amount.

Their bail bonds shall stand discharged.

With the aforesaid modifications in the quantum of sentence, this revision application stands partly allowed and disposed of, in above terms. The order pertaining to property passed by the Courts below stands affirmed.

A copy of this order along with original record be sent to the Trial Court for due compliance.

Certified copy, as per rules.