Mangal And Others vs State Of Madhya Pradesh

With the consent of learned counsel for the parties, this revision petition is finally heard.

This revision revision is preferred against the judgment dated 26th June 2019 passed by Vth Additional Sessions Judge, Chhatarpur in Criminal Appeal No. 209/15 confirming the judgement dated 6th May 2015, passed by the JMFC, Chhatarpur in Criminal Case No. 868/12, whereby the applicants have been convicted under Section 323 of IPC and sentenced to undergo three months RI and fine of Rs.200/ each and further convicted under Section 325/34 of IPC and sentenced to undergo six months RI and fine of Rs.500/- each with default stipulation.

The facts giving rise to this revision is that on the intervening night of 7th and 8th May 2012 at village Neguwa, P.S. Satai, district Chhatarpur the applicants alongwith other persons assaulted Deshraj @ Parasram and Shivraj with lathi and caused grievous injury to Deshraj. He sutained fracture on the left wrist. A Crime No. 58/12 was registered about the incident, at P.S. Satai, district Chhatarpur and after investigation charge sheet under Section 323 and 325/34 of IPC was filed before the JMFC and after trial the applicants were convicted and sentenced, as mentioned above. The appeal filed by the applicants was also rejected, hence this revision.

It is submitted by learned counsel for the applicants that the applicants do not press this revision against the conviction and their only prayer is to reduce the jail sentence.

Learned Govt. Advocate for the State has supported the conviction and sentence recorded by the Courts below.

I have heard the learned counsel for the parties at length and gone through the judgment and order passed by the Courts below and also perused the record.

So far conviction of the applicants are concerrned, there is cuncurrent findings of both the courts below and on perusal of the records in view of this court there is no need to interfere in the aforesaid findings and the same has also not been challenged, hence the conviction is affirmed.

So far sentence part is concenred, it is submitted that the applicants are first offenders. In the facts and circumstances of the case, there is no bar to release them on probation. At present, they are in custody since 26th June 2019. The applicants are agriculturists and from the record it appears that the incident was taken place due to dispute with regard to misbehaving with a lady of complainant side. The genesis of the incident has not been proved and injury has not been caused on any vital part of the body. If the applicants remain much time in the jail, there is a chance to turn into habitual offenders despite of correction. Therefore, the sentence be resuded to the period already undergone and fine amount be enhanced.

Having considered the prayer, on perusal of the record in view of facts and circumstances of the case, the sentence under Section 323 of IPC is confirmed and the sentence under Section 325 of IPC is modified.

Accordingly, jail sentence is reduced to three months R.I. and fine amount is enhanced to Rs.20,000/- each. In case of default of payment of amont, the applicants will suffer further RI for three months. On realization of the fine amount, Rs.40,000/- be paid to Deshraj and Rs.10,000/- be paid to Shivraj as compensation. On realization of fine amount, Shivraj and Deshraj be informed about their entitlement of compensation amount. Accordingly, the learned trial court shall issue supercession warrant to the jail authority.

This revision is disposed of finally.