IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL th ON THE 17 OF JULY, 2023 CRIMINAL REVISION No. 3457 of 2019 BETWEEN:-

1. RAMLAKHAN MEENA S/O BANSHILAL MEENA, AGED ABOUT 37 YEARS, RESIDENT OF GRAM JENI PARGANA, SHEOPUR, DISTRICT SHEOPUR (MADHYA PRADESH)

2. MAHESH NAGAR S/O SHRI RADHESHYAM NAGAR, AGED ABOUT 33 YEARS, RESIDENT OF GRAM PANDI, DISTRICT SHEOPUR (MADHYA PRADESH)

.....PETITIONERS (SHRI ANSHU GUPTA, LEARNED COUNSEL FOR THE PETITIONERS)

AND THE STATE OF MADHYA PRADESH INCHARGE POLICE STATION PS ARAKSHI KENDRA MAANPUR DISTRICT SHEOPUR (MADHYA PRADESH)

.....RESPONDENT (SHRI R. K. UPADHYAY- LEARNED COUNSEL FOR THE RESPONDENT-

STATE)

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

ORDER

This revision has been filed by the petitioner against the judgment dated

10-07-2019 passed by Sessions Judge, Sheopur in Criminal Appeal Nos. 21 of 2019 and 22 of 2019 confirming the judgment dated 11-04-2019 passed by the Court of JMFC, Sheopur in RCT No. 601235 of 2009 whereby each of petitioners have been convicted under Sections 148, 332/149, 323 of IPC and Signature Not Verified Signed by: MAHENDRA sentenced to undergo six- months RI, one year RI and three months RI with fine of Rs. 500/- under each of Sections with default stipulation.

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 in the year 2009 all of a sudden and the petitioners have been facing agony of trial for the last more than 13 years. The petitioners were in custody during trial for a period of ten days. Amount of fine has been deposited by him. Therefore, while enhancing the fine amount suitably, the jail sentence of the petitioner 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 amount is enhanced to Rs.10,000/- from Rs.1,500/- for aforesaid three Sections of IPC Accordingly, while affirming the conviction of the petitioners under Sections 148, 332/149, 323 of IPC jail sentence o f the petitioners is reduced till rising of the Court and the fine amount is enhanced to Rs.10,000- 10,000/- from Rs.1,500- 1500/- which shall be deposited by them within a period of three months from today, failing which they will have to suffer the additional sentence as awarded by Courts below. The amount of fine so deposited by the petitioners be given to both injured Rajesh and Ramful under Section 357 of Cr.P.C. as compensation.

With the aforesaid, the revision stands disposed of.

Signature Not Verified Signed by: MAHENDRA (DEEPAK KUMAR AGARWAL)

JUDGE MKB Signature Not Verified Signed by: MAHENDRA