Hotam vs State of Madhya Pradesh

Brij Kishore Dubey, J.—This Criminal Revision under Sections 397 and 401 of Cr.P.C., has been preferred by the petitioner/accused against the judgment dated 13.2.2006 passed in Criminal Appeal No. 615/2005 by Sessions Judge, Shivpuri affirming the judgment of conviction and order of sentence dated 14.11.2005 passed by the Chief Judicial Magistrate, Shivpuri in Criminal Case No. 496/2004, whereby the petitioner herein/accused has been convicted u/s 324 of IPC and sentenced to suffer 06 months rigorous imprisonment with fine of Rs. 500/-. The facts of the case have been detailed in the impugned judgment by the learned Courts below, therefore, this Court does not want to repeat the same overall again.

Learned counsel appearing on behalf of the petitioner has submitted that the petitioner does not wish to challenge the finding of conviction recorded by the learned Trial Court and affirmed by learned Appellate Court. His only submission is that the petitioner has already undergone 13 days of the sentence (from 4.11.2005 to 7.11.2005 during the trial and thereafter served sentence from 13.2.2006 to 21.2.2006), the fine amount has already been deposited, there is no previous criminal conduct of the petitioner and therefore, the learned counsel for the petitioner prays for reduction of jail sentence to the period already undergone by the petitioner.

Learned Public Prosecutor appearing on behalf of the respondent/State has supported the impugned judgment and prayed for dismissal of the revision petition.

Learned Appellate Court and the learned Trial Court after appreciating the evidence on record found guilt of the petitioner. In view of the reasons assigned by the learned Courts below for convicting the petitioner to be trustworthy, this Court does not want to deviate from the same.

As before this Court, the finding of conviction recorded by the learned Courts below against the petitioner has not been challenged by the petitioner, hence, the aforesaid finding is hereby affirmed.

With regard to the sentence awarded is concerned, the petitioner has been sentenced by the learned Trial Court and affirmed by the learned Appellate Court as stated hereinabove. No previous criminal conduct of the petitioner has been proved by the prosecution. The petitioner has remained under detention from 4.11.2005 to 7.11.2005 during the trial and thereafter served sentence from 13.2.2006 to 21.2.2006. The incident was occurred on 18.4.2004. Under these circumstances, the ends of justice would be sub-served, if the jail sentence of the petitioner is reduced to the period already undergone by him with enhanced fine of Rs. 2,000/- (Rupees Two Thousand only).

Consequently, this revision petition is allowed in part. The conviction of the petitioner passed by the learned Trial Court and affirmed by the learned Appellate Court u/s 324 of IPC is hereby affirmed but the sentence is set aside and instead thereof, the petitioner is sentenced to the period already undergone by him in jail, i.e., about 13 days with enhanced fine of Rs. 2000/- (Rupees Two Thousand only) which shall be paid within a period of two months from today. If the petitioner fails to deposit the enhanced amount of fine within the stipulated period, he has to suffer one month simple imprisonment.

With the aforesaid modification in sentence, this revision petition is disposed of finally. A copy of this order be sent to the learned Trial Court for necessary compliance.