Ramesh Sharma vs State Of Madhya Pradesh

This revision is heard finally at the request of learned counsel for the applicant with the consent of the Government Advocate as the applicant does not want to press this revision on merit against conviction and confine his arguments to the point of sentence and prayer is made to reduce the sentence.

This revision has been preferred against the judgment dated 13.05.2019 passed by the First Additional Sessions Judge, Tikamgarh in Criminal Appeal No.61/2017 confirming the judgement dated 13.11.2017 passed by the JMFC, Tikamgarh in Crime No.87/2016 whereby the applicant has been convicted under Section 323 of IPC and sentenced to undergo R.I. for three months with fine of Rs.500/- and further convicted under Section 325 of IPC and sentenced to undergo R.I. for one year and fine of Rs.500/- with default stipulations.

Facts giving rise to this revision petition, briefly stated, are that on 31.05.2016 near about 08:00 AM when applicant-accused, who is brother of complainant Ramesh Verma, was digging the foundation of the house and the soil which came out while the digging was thrown into the culvert due to which rain water entered into the house of complainant. Next day when complainant tried to clean the culvert the applicant came there and abused the complainant and assaulted him by means of lathi on his head due to which the blood oozed out. He again inflicted a lathi blow on the fingers of left hand. When complainant screamed his daughter Sarla came to rescue however, she was also beaten by the complainant. Thereafter other persons came on the spot and on seeing them the applicant ran away. Information of the incident was given at Police Station, Lidhora, District Tikamgarh, vide Crime No.87/2016. During investigation, it revealed that complainant Siya Saran (PW-1) sustained grievous injury on fifth Metacarpal bone and the left hand was broken. After completion of the investigation, charge-sheet was filed before the JMFC, Jatara District Tikamgarh. After trial, the applicant was convicted under Section 323, 324 and 325 of IPC. In appeal, the appellate Court acquitted the appellant under Section 324 of IPC and confirmed the conviction and sentence of the applicant under Sections 323 and 325 of IPC. Being aggrieved therewith, this revision has been filed.

The findings recorded by the courts below with regard to conviction of the applicant are based on the evidence of injured Siya Saran (PW-1), Sarla (PW-2), Dr. Deepak Ojha (PW-4) and X-ray report (Ex/P-6), therefore, it cannot be said that the findings of both the Courts below are perverse. Hence the concurrent findings of both the Courts below with regard to conviction of the applicant under Sections 323 and 325 of IPC are upheld.

So far as sentence part is concerned, it is submitted that the applicant is a first offender, he is in custody since 13.05.2019 and complainant Siya Saran is the elder brother of the applicant and the incident had taken place suddenly on account of blocking of the drainage by putting soil carelessly.

The facts and circumstances do not reflect that the applicant has a criminal tendency. Apart from it, no purpose would be served by keeping the applicant in jail for a long time as there is possibility to turn into harden criminal despite of correction. The applicant has got sufficient lesson with regard to the offence committed by him, hence prayer is made to reduce the sentence to the period already undergone.

Learned Government Advocate opposed the prayer and prayed for rejection of the revision.

Considering the facts and circumstances of the case and the contention of the learned counsel for the applicant, in view of this Court the sentence already undergone by the applicant which is near about four months is sufficient to meet the ends of justice. As the applicant has completed the sentence for the offence under section 323 I.P.C., hence the sentence punishable under Section 325 of IPC is reduced to the period already undergone and fine amount is enhanced to Rs.25,000/-. On payment of enhanced fine amount, the applicant be released forthwith, in case of default he shall be further suffered one month rigorous imprisonment.

On realization of fine amount, Rs.20,000/- be given to the Siya Saran (PW-1) and Rs.2000/- be paid to Sarla (PW-2) and they should be informed about their entitlement for the aforesaid fine amount before sending the case to the record room.

Record of the trial Court be sent back immediately to the concerned court below along with a copy of this order for its compliance and necessary action.

Accordingly, this revision is disposed of finally.

C.C. as per rules.