Ramesh and Another vs State of Madhya Pradesh

N.K. Gupta, J.—Vide judgment dated 14.10.2011 passed by the learned JMFC, Sausar (Shri Manish Kumar Shrivastava) in criminal case No. 59/2008, the applicants were convicted for the offence punishable u/s 323 of IPC and sentenced with fine of Rs. 1,000/- upon each of them. In criminal appeal No. 229/2013, the learned 3rd Additional Sessions Judge, Chhindwara vide judgment dated 4.7.2013 dismissed the appeal in toto. Being aggrieved with the aforesaid judgments, the applicants have preferred the present revision. The prosecution''s case, in short, is that, on 6.1.2008, at about 10.30 a.m., the applicants assaulted the victim Ganpati in the fields of village Ghoghrikhapa, Police Station Mohgaon, District Chhindwara.

I have heard the learned counsel for the parties.

The applicants does not challenge the conviction directed against them but, the learned counsel for the applicants submits that the applicant No. 1 Ramesh is a Government servant and imposition of fine shall cause an adverse effect to his job and therefore, revision may be allowed in favour of the applicant No. 1 relating to sentence.

It is true that the applicants assaulted the victim in a brutal manner. However, the victim did not sustain any grave or fatal injury. Offence u/s 323 of IPC is not so grave. The applicants were the first offenders and therefore, it was the duty of the trial Court to enlarge the applicant No. 1 on probation u/s 3 of the Probation of Offenders Act for such a minor offence. The trial Court as well as the appellate Court did not give the advantage of probation to the applicant No. 1. Under such circumstances, the revision filed by the applicant No. 1 can be partly allowed up to that extent.

On the basis of the aforesaid discussion, the revision filed by the applicant No. 2 is hereby dismissed in toto, whereas the revision filed by the applicant No. 1 is hereby partly allowed. His conviction for offence u/s 323 of IPC is hereby maintained but, looking to his Government job instead of imposing fine, he is released on probation u/s 3 of the Probation of Offenders Act after giving due admonition etc. He would be entitled to get the fine amount back from the trial Court, if he has deposited. A copy of the order be sent to the trial Court for information and compliance.