In spontaneous offenses by individuals without criminal antecedents, appellate courts may modify short custodial sentences to the period already served, provided the fine is adjusted for justice, especially when serious injury claims lack adequate corroborating medical evidence.

ORDER :

Gajendra Singh, J.

Criminal revision No.4860/2019 filed under section 397 r/w section 401 of the Cr.P.C, 1973 is preferred being aggrieved by the judgment dated 26.09.2019 in criminal appeal no.260/2016 by 2nd ASJ, Shujalpur, district Shajapur arising out of the judgment dated 25.06.2016 in criminal case no.1277/14 by JMFC, Shujalpur, district Shajapur, M.P whereby the appellate court has modified by the judgment passed by the trial court and convicted and sentenced the revision petitioners as under:

2. Criminal Appeal No.10679/2019 filed under proviso to section 372 of the Cr.P.C, 1973 is preferred by the complainants being aggrieved by the judgment dated 26.09.2019 in criminal appeal no.260/2016 by 2nd ASJ, Shujalpur, district Shajapur arising out of the judgment dated 25.06.2016 in criminal case no.1277/14 by JMFC, Shujalpur, district Shajapur, M.P whereby the appellants/complainants have prayed for setting aside the judgment passed by the appellate court and convicting and sentencing the accused/revision petitioners as per the trial court judgment dated 25.06.2016.

3. Facts in brief are that revision petitioners were prosecuted under sections 324 alternatively 324 r/w section 34, 325 alternatively 325 r/w section 34, 294, 506, 427 of the IPC for committing crime towards Arvind (PW/1) on 25.06.2014 at 6.30 p.m in village Jabadiya Gharwas, police station Kalapipal, Shajapur and causing loss to truck no.MP-09-GF-2611. Crime No.253/14 was registered at police station Kalapipal, district Shajapur. After investigation, the report was submited and regular trial no.1277/14 was registered.

4. The revision petitioners abjured guilt and claimed for trial and prosecution examined victim Arvind as PW/1, Kedarsingh as PW/2, Anand Singh as PW/3, Ravi as PW/4, Raghuvir Singh as PW/5, Medical Officer Dr.R.K.Verma as PW/6, Head Constable Subhash Patel posted at PS Kalapipal as PW/7.

5. In examination under section 313 of the Cr.P.C, 1973 all the facts and circumstances were either denied or ignorance was expressed and they did not adduce any evidence in defence.

6. Appreciating the evidence, trial court convicted and sentenced the appellants as mentioned in para-32 of the trial court judgment.

7. In appeal, the conviction under section 325 of the IPC was set aside and the offence of section 325 IPC was reduced to section 323 of the IPC and sentence of one year imprisonment was reduced to 2 months RI and fine of Rs.500/- was enhanced to Rs.2,000/- and with the aforesaid modifications the revision petitioners were convicted and sentenced as mentioned in para-1 of the judgment. Challenging the conviction as well as sentence, revision petition has been preferred on the ground that the case against the victim through crime no.252/14 was not considered. The sentence was also not proportionate. Criminal Appeal No.10679/2019 has been preferred on the ground of acquittal from the charges under section 325 r/w section 34 of the IPC and reduction of sentence under section 324 of the IPC ignoring the evidence available on record and the nature of offence.

8. Heard.

9. State has opposed the revision petition and supported the criminal appeal.

10. Perused the record.

11. The appellate court has considered the