Sultan Singh and Vijay Singh vs State of Madhya Pradesh

Brij Kishore Dube, J.—This Criminal Revision under Sections 397 and 401 of Cr.P.C., has been preferred by the petitioners/accused against the judgment dated 19.05.2006 passed in Criminal Appeal No. 189/2006 by IV Additional Sessions Judge, (Fast Track Court), Shivpuri affirming the judgment of conviction and order of sentence dated 08.04.2006 passed by the Judicial Magistrate, First Class Shivpuri in Criminal Case No. 40/2003, whereby the petitioners herein/accused have been convicted u/s 325 /34 of IPC and sentenced each of them to suffer 01 year 06 months rigorous imprisonment with fine of Rs. 250/-. The facts of the case have been detailed in the impugned judgment by the learned Courts below, therefore, this Court does not want to repeat the same overall again.

Learned counsel appearing on behalf of the petitioners has submitted that the petitioners 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 petitioners have already undergone 02 months 05 days of the sentence (from 20.03.2002 to 26.04.2002) during the trial and thereafter served sentence from 19.05.2006 to 13.06.2006 the fine amount has already been deposited, there is no previous criminal conduct of the petitioners and therefore, the learned counsel prays for reduction of the jail sentence to the period already undergone by the petitioners.

Learned Public Prosecutor appearing on behalf of the respondent/State has supported the impugned judgment and prayed for dismissal of the revision petition.

Learned Appellate Court and the learned Trial Court after appreciating the evidence on record found guilt of the petitioners. In view of the reasons assigned by the learned Courts below for convicting the petitioners to be trustworthy, this Court does not want to deviate from the same.

As before this Court, the finding of conviction recorded by the learned Courts below against the petitioners has not been challenged by the petitioners, hence, the aforesaid finding is hereby affirmed.

With regard to the sentence awarded is concerned, the petitioners have been sentenced by the learned Trial Court and affirmed by the learned Appellate Court as stated hereinabove. No previous criminal conduct of the petitioners has been proved by the prosecution. The petitioners remained under detention from 20.03.2002 to 26.04.2002 during the trial and thereafter served sentence from 19.05.2006 to 13.06.2006, i.e., about 02 months 05 days. The alleged incident occurred on 15.03.2003 i.e., about 10 years back. Under these circumstances, the ends of justice would be sub-served, if the jail sentence of the petitioners is reduced to the period already undergone by them with enhanced fine of Rs. 1,000/- (Rupees One Thousand only) each.

Consequently, this revision petition is allowed in part. The conviction of the petitioners passed by the learned Trial Court and affirmed by the learned Appellate Court u/s 325 /34 of IPC is hereby affirmed but the sentence is set aside and instead thereof, the petitioners are sentenced to the period already undergone by them in jail, i.e., about 13 days with enhanced fine of Rs. 1,000/- (Rupees One Thousand only) each. The enhanced fine amount shall be paid by them within a period of two months from today. If the petitioners fails to deposit the enhanced amount of fine within the stipulated period, they have to serve additional simple imprisonment for one month.

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