Jittu @ Jitendra vs State of Madhya Pradesh

Brij Kishore Dube, J.—Vide judgment of conviction and order of sentence dated 15.02.2013 in Criminal Case No. 869/10 passed by Judicial Magistrate First Class, Basoda, Distt. Vidisha the petitioner herein/accused has been convicted u/s 324 of IPC and sentenced to suffer two years rigorous imprisonment, against which an appeal was preferred by the petitioner. The Appellate Court vide the impugned judgment dated 26.06.2013 passed in Criminal Appeal No. 42/2013 affirmed the judgment of conviction, however reduced the sentence to six months rigorous imprisonment. Being aggrieved thereof, this Criminal Revision is preferred by the petitioner. Shri Amit Goswami, counsel appearing on behalf of the petitioner 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 five-and-half months of the sentence and, therefore, the sentence may be reduced to the period already undergone by the petitioner.

Learned Panel Lawyer submits that the petitioner is suffering sentence from 15.02.2013 therefore the request of the petitioner may be considered.

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.

It is apparent from the record that vide judgment dated 26.06.2013 passed by II Additional Sessions Judge, Ganj Basoda, District Vidisha in Criminal Appeal No. 42/2013, the petitioner was sentenced to serve six months rigorous imprisonment for the offence punishable u/s 324 of IPC and the petitioner is continuously serving the sentence since 15.02.2013. 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.

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. The petitioner is in jail, therefore, he be set at liberty if not required in any other criminal case.

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