IDA And Others vs State Of Madhya Pradesh

Gajendra Singh, J

With the consent of parties heard finally at motion stage.

This Criminal revision has been preferred under Section 438 read with Section 442 of the BNSS, 2023 and under Section 397 read with Section 401 of the Cr.PC, 1973 challenging the judgment dated 21.01.2026 in CRA No.07/2025 by Second ASJ, Alirajpur arising out of judgment dated 14.10.2023 passed in RCT No.192/2018 by JMFC, Alirajpur whereby each of the revision petitioner have been convicted under section 323/34 (two counts) and 324/34 (two counts) of IPC and sentenced only under Section 324/34 of IPC for 06-06 months rigorous imprisonment and fine of Rs.1,000/- for each counts with default stipulation of 30-30 days rigorous imprisonment for each count.

The revision petitioners have been convicted and sentenced for causing voluntary grievous injury to Kunwar Singh PW-1 and voluntary injury to Somili W/o of Kuwar Singh and the falia has been recovered which was used in the incident.

A report by Kunwar Singh PW-1 bearing Crime No.26/2018 was lodged at Police Station Chandpur, District Alirajpur, Kunwar Singh and Somli were examined and final charge-sheet was filed.

The revision petitioners abjured the guilt and prayed for trial. To bring home the guilt, the prosecution has examined Kunwar Singh S/o Amar Singh as PW-1, Kunwar Singh S/o Bikliya as PW-2, Medical Officer Bhupendra Singh as PW-3, Chamariya PW-4, Lakshmikant PW-5, Mehar Singh as PW-6 and Mukesh (PW-7). In examination under Section 313 of the Cr.P.C., 1973, all the facts and circumstances were either denied or ignorance was expressed.

Appreciating the evidence, the learned Courts below have convicted and sentenced the revision petitioners as mentioned in para no.1. of this order.

Challenging the conviction and sentence this criminal revision is preferred on the ground that conviction is not sustainable and the sentence is disproportionate. It is also submitted that since injured Somili has not been examined before the trial Court by the prosecution, the conviction and sentence of the revision petitioners for one count is illegal and liable to be set aside.

Heard.

Counsel for the State has opposed the prayer.

Perused the record.

Considering the testimony of Kunwar Singh S/o Amar Singh PW-1 and Dr. Bhupendra Singh PW-3 and the medical report of Kunwar Singh Ex.P/4, the learned trial Court did not commit any illegality in recording the conviction of revision petitioners and discarding the defense. Hence, no interference is required regarding conviction of the revision petitioners under Section 323/34 and 324/34 of the IPC for causing voluntary injury to Kunwar Singh S/o Amar Singh PW-1, but committed illegality in recording the conviction of the revision petitioners under section 323/34 and 324/34 of IPC for causing injuries to Somli as she could not be examined. Accordingly, the conviction of the revision petitioners for causing voluntary injures to the injured Kunwar Singh under Section 323/34 and 324/34 of IPC is affirmed, but conviction of the revision petitioners sunder section 323/34 and 324/34 for causing voluntary injuries to Somali is set aside.

So far as the sentence of the revision petitioners is concerned, in this case case revision petitioner Jetriya is in custody since 25.11.2025 and Ida S/o Bhursingh Bheel is in jail since 11.12.2025 and they have no criminal antecedents of the revision petitioners and the incident occurred in the spur of moment and the revision petitioners have completed more than five months in custody, no purpose would be served to keep the revision petitioners in jail.

Accordingly, this Revision Petition is partly allowed and affirming the conviction of the revision petitioners under Section 324 of the IPC qua injured Kunwar Singh S/o Amar Singh PW-1 only, the sentence is modified to the extent that sentence of 6-6 months R.I. is reduced to the period already undergone. The imposition of fine does not deserve interference. The fine amount has already been deposited by the revision petitioners vide deposit slip dated 14.10.2023.

Accordingly, the revision petitioners be released forthwith if not required in any other case in jail. Accordingly, Supersession warrant be prepared.

Pending application, if any, stands closed.

A copy of this order alongwith the record be sent back to the learned trial Court.

A copy of this order be sent to the learned trial Court concerned for information.