Hemchandra Chaurasia vs State Of Madhya Pradesh

Record of the trial court is received.

With the consent of learned counsel for the parties, this revision petition is heard finally as learned counsel for the applicant does not want to press  it on merit and  prays  to  reduce the period  of sentence already undergone.

This revision petition has been filed by the applicant under Sections 397/401 of the Cr.P.C. being aggrieved by the judgment of conviction and order of sentence dated 10.02.2020 passed by 2nd Additional Sessions Judge Amarpatan, District Satna in Criminal Appeal No.60/2014 dismissing the appeal and affirming the judgment dated 06.01.2014 passed by the JMFC, Amarpatan,  District  Satna in Criminal Case No.330 /2011, whereby the applicant has been convicted under Section 325 of the IPC and sentenced to undergo RI for one year with fine of Rs.2000/- with default stipulations.

The facts given rise to this petition are that on 19.03.2011 near about 8:00 am at village Jhinna Police Station, Tala District Satna, the applicant assaulted injured Rampyari with stick and caused injuries on her person in which one injury was grievous in nature. On medical examination, there was a fracture on left leg. Crime No.46/2011 was registered at Police Station Tala, District Satna. After investigation, charge sheet was filed before the JMFC. After completion of trial, the trial Court convicted and sentenced the applicant and appeal is also dismissed. Hence, the present revision has been preferred.

Having considered the contentions of learned counsel for both the parties and perusal of the record, so far as the conviction is concerned, it is based on the evidence available on record and there is concurrent finding of both the Courts below and learned counsel for the applicant has failed to establish that the finding is perverse. Therefore, conviction is upheld.

So far as the sentence part is concerned, the applicant is facing trial since 2011. He is first offender and incident was taken place on very trivial issue and grievous injury was not caused on any vital part of body of the victim, therefore, sentence of the applicant may be reduced. Apart from this, the applicant is ready to pay the compensation amount to the victim. Hence, in the interest of justice it would be appropriate to reduce the sentence and compensation be paid to the victim.

Consequently, the criminal revision is partly allowed. The conviction of the applicant recorded by the Courts below for the offence under Section 325 of the IPC is affirmed but the sentenced is modified and reduced with a direction that he is sentenced to undergo three months RI and the fine is set-aside and directed to pay Rs.25,000/- (Rupees Twenty Five Thousand) as compensation..

On realization of the aforesaid compensation amount, the same be paid to the complainant Rampyari Chourasia (PW-1) as compensation for sustaining fracture on left leg. In default of payment of compensation amount, the applicant will have to suffer rigorous imprisonment for three months. The amount of fine already deposited shall be adjusted.

Injured Rampyari Chourasia (PW-1) be informed about the entitlement of the aforesaid compensation before sending the record to the record room.

Record of the trial Court be sent back immediately to the concerned court below along with a copy of this order for its compliance and necessary action.

CC as per rules.