IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE SATYENDRA KUMAR SINGH th ON THE 5 OF DECEMBER, 2022 CRIMINAL REVISION No. 1334 of 2014 BETWEEN:-

PRAHLAD S/O SHRI LAXMAN JI, AGED ABOUT 38 YEARS, OCCUPATION:

LABOURER VILL BILODA NAYTA DISTT INDORE (MADHYA PRADESH)

.....PETITIONER (BY SHRI YOGESH GUPTA)

AND STATE OF M P THRU P S SANWER DISTT INDORE THROUGH P S SANWER DISTT INDORE (MADHYA PRADESH)

.....RESPONDENTS (BY MS. MAMTA SHANDILYA, GOVT. ADVOCATE)

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

J U D G M E N T

Satyendra Kumar Singh, J., This criminal revision under Section 397 read with Section 401 of Cr.P.C. has been filed against the judgment dated 29.10.2014 passed by the Court of 10^th Additional Sessions Judge, Indore in Criminal Appeal No.550/2014, whereby judgment and order dated 23.07.2014 passed by the Court of Judicial Magistrate First Class, Sanwer, Distt. Indore convicting and sentencing the petitioner for the offence punishable under Section 325 of IPC in Criminal Case No.122/2011, was affirmed.

2. Facts of the case in brief are that on 01.06.2009 at about 15:00 hours, when petitioner was taking Khad (fertilizer) from complainant's ghoora, complainant objected him, then he assaulted her by dantali on her right hand, due to which she sustained injuries. On the same day at about 18:15 hours, complainant went to Police Station Sanwer and lodged FIR (Ex.P-1) against the petitioner. She was sent to Primary Health Center, Sanwer for medical examination, where Dr. B.Sabarwal medically examined her and prepared MLC report (Ex.P-6). Dr. Aman Gupta conducted her x-ray examination and found fracture in her right wrist radius bone as per x-ray report (Ex.P-10). I/O Head Constable Rameshwar went to the place of occurrence and prepared spot map (Ex.P-2). He arrested the petitioner and on his instance seized the weapon dantali used in the crime as per seizure memo (Ex.P-4). He recorded the statements of complainant and other prosecution witnesses and after completion of investigation, filed the charge-sheet before the Court of Judicial Magistrate, Sanwer Distt. Indore. Learned Trial Court framed the carges for the offence punishable under Sections 294 and 325 of IPC and after conclusion of trial, convicted the petitioner for the offence punishable under Section 325 of IPC, while acquitted him from the charge punishable under Section 294 of IPC. Thereafter, the petitioner filed Criminal Appeal No.550/2014 before the Court of Additional Sessions Judge, Indore which was dismissed vide judgement dated 29.10.2014.

3. Learned counsel for the petitioner submits that petitioner does not wish to challenge the finding of conviction and he confined his arguments only with regard to the sentence awarded to him. It is apparent from the statements of the complainant as well as FIR lodged by her that quarrel occurred all of sudden on a very petty issue and only one injury was found on non-vital part of her body. He submits that admittedly incident took place in the year 2009 and since then petitioner is facing trial. Petitioner has already suffered about one month and three days incarceration out of six months sentenced awarded to him. In view of the above, keeping in mind the nature of allegations alleged against the petitioner and also the period of custody already suffered by him, the period of his jail sentence be reduced to the period which he has already undergone.

4. Per contra, learned Govt. Advocate for respondent/State while supporting the impugned judgment of conviction and order of sentence submits that the judgment was passed by the Trial Court after proper appreciation of evidence available on record. Same is well reasoned establishing the guilt of the petitioner beyond reasonable doubt. Therefore, confirming the impugned judgement of conviction and order of sentence, the revision filed by the petitioner may be dismissed.

5. Heard learned counsel for the parties at length and perus