IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL rd ON THE 3 OF JULY, 2023 CRIMINAL REVISION No. 945 of 2011 BETWEEN:-

1. BRIJMOHAN S/O REWARAM SUMAN, AGED ABOUT 34 YEARS, OCCUPATION: KHETI R/O GRAM SARDAR PUR, THANA AND PARGANA MUNGAOLI, DISTT. ASHOKNAGAR (MADHYA PRADESH)

2. GINDA S/O HARDA BANJARA, AGED ABOUT 41 YEARS, R/O GRAM SARDAR PUR, THANA AND PARGANA MUNGAOLI, DISTT. ASHOKNAGAR (MADHYA PRADESH)

3. DALLA S/O KANNA BANJARA, AGED ABOUT 36 YEARS, R/O GRAM SARDAR PUR, THANA AND PARGANA MUNGAOLI, DISTT. ASHOKNAGAR (MADHYA PRADESH).

.....PETITIONERS (BY SHRI P.S.BHADORIYA- ADVOCATE)

AND STATE OF M.P. TH: P.S.MUNGAOLI DIST. ASHOKNAGAR (MADHYA PRADESH)

.....RESPONDENT (BY SHRI DINESH SAVITA- PUBLIC PROSECUTOR FOR THE STATE BY SHRI VIJAY DATT SHARMA- ADVOCATE FOR THE COMPLAINANT)

This revision coming on for hearing this day, the court passed the following:

ORDER

This revision has been filed by the petitioners against the judgment dated Signature Not Verified Signed by: MAD1HU7.10.2011 passed by the 2nd Additional Sessions Judge (Fast Track), SOODAN PRASAD Mungawali, Distt. Ashoknagar, in Criminal Appeal No.162/2010 whereby appeal of the petitioners has been partly allowed by setting aside their conviction under Section 323/34 of IPC and affirming their conviction under Section 325/34 of IPC with one year SI and fine of Rs.500/- each as awarded vide judgment dated

12.11.2010 by the JMFC, Mungawali, in Criminal Case No.538/2008.

Learned counsel for the petitioners/accused submitted that he does not want to challenge the conviction of the petitioners for the aforesaid offence. As regards sentence, it is submitted by learned counsel for the petitioners that incident took place on 29.7.2003 and petitioners have been facing agony of trial for the last 20 years. Amount of fine has been deposited by them. Therefore, while enhancing the fine amount suitably, sentence of the petitioners be reduced till rising of the Court.

Learned counsel for the State supported the impugned judgment.

Heard learned counsel for the parties and perused the impugned judgment.

Looking to the facts and circumstances of the case, ends of justice would meet if while reducing the jail sentence of the petitioners till rising of the Court, the fine is enhanced to Rs.5,000/- under Section 325/34 of IPC. Accordingly, while affirming the conviction of the petitioners under Section 325/34 of IPC, jail sentence of the petitioners is reduced till rising of the Court and fine amount is enhanced to Rs.5,000/- which shall be deposited by them within a period of two months from today, failing which the petitioners will have to suffer the sentence as awarded by the Courts below. The amount of fine so deposited by the petitioners be given to complainant under Section 357 of Cr.P.C. as compensation.

Signature Not Verified Signed by: MADHU SOODAN PRASAD With the aforesaid, the revision stands disposed of.

(DEEPAK KUMAR AGARWAL)

JUDGE ms/-

Signature Not Verified Signed by: MADHU