ORDER

1. This criminal revision under section 397/401 of Cr.P.C has been preferred by the applicants assailing the appeal judgment dated 23.4.2024, passed by the VIth Additional Sessions Judge, Headquarter Waidhan, District Singrauli in Criminal Appeal No.48/2023 (Anil Kumar Verma and Others v. State of Madhya Pradesh), whereby the judgment of conviction and order of sentence dated 12.7.2023, passed by the JMFC, Waidhan, District Singrauli in RCT No.505251/2012 (State of Madhya Pradesh v. Anil Kumar Verma and Others) convicting the applicants for commission of offence under section 325 and 325/34 of IPC has been affirmed.

2. As per prosecution story, on 5.11.2012, at around 9:00 A.M., Govind Soni PW2, resident of Village Churki was being abused by Anil and his brother Rajneesh Kumar @ Bhole, when he asked them not to utter abusive words relating to mother and sister, they both assaulted him by means of wood-sticks causing injuries on his right hand and left hand. In the meantime, Bablu @ Ram Surat Yadav and Makhnu Yadav also reached there and abused and caused voluntary hurt to him causing injuries on his right hand, left hand and right side of head. Matter was pacified by Vinod Kumar Soni (PW4). They had threatened to do death also. On the basis of narration given by Govind Soni PW2, FIR Exhibit P/2 was taken down by the Head Constable Rajbhan. In the course of investigation, Sub Inspector B.N. Singh Chouhan (PW6) prepared Site Map (Exhibit P/3). He recorded the statements of injured and witnesses under section 161 of Cr.P.C. Arrested the applicants and prepared the arrest memos. After investigation, charge sheet was filed.

3. Learned trial Court framed the charges against the applicants/accused for commission of offence under section 294, 325, 325/34, 506 – II of IPC. The applicants/accused pleaded not guilty and claimed to be tried. Learned trial Court after recording the evidence and hearing the parties convicted the applicant/accused Anil Kumar Verma for commission of offence under section 325 of IPC and rest of the accused for commission of offence under section 325/34 of IPC and sentenced as mentioned herein above.

4. In order to prove its case, prosecution examined six witnesses Shyamacharan Soni PW1, Govind Soni PW2, Dr. Rahul Singh PW3, Vinod Kumar Soni PW4, Santram Saket PW5 and Sub Inspector B.N Singh Chouhan PW6. Applicants/accused did not examine any witness in their defence.

5. Applicants challenged the judgement of conviction and order of sentence by preferring the appeal, but the learned VIth Additional Sessions Judge, Waidhan, District Singrauli dismissed the appeal and affirmed the judgment of conviction for commission of offence under section 325 and 325/34 of IPC. Hence, this revision.

6. At the very outset, learned counsel for the applicants has submitted that he does not want to challenge the applicants’ conviction under section 325 and 325/34 of IPC. Applicants are in jail since 23.4.2024. They are first offender. They have already suffered about more than 2 month and 10 days incarceration. Therefore, it is prayed that applicants may be released by reducing the jail sentence to the period already undergone by them so far.

7. On the other hand, learned counsel for the State has supported the findings recorded by the Courts below, but has fairly admitted that applicants are the first offenders. They have already suffered more than 2 months and 10 days jail sentence. Therefore, he has no objection if jail sentence of the applicants is reduced to the period already undergone by them.

8. I have heard learned counsel for the parties and perused the record.

9. Injured Govind Soni PW2 in his evidence has deposed that he knew applicants/accused well. On 5.11.2012, at around 8:00 – 9:00 A.M. accused Anil and his brother Rajneesh Kumar @ Bhole had abused him. When he had asked them not to abuse, they assaulted him by means of wood-sticks. He had sustained injuries on his head and right and left hand. Bablu @ Ram Surat Yada