IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE GAJENDRA SINGH CRIMINAL REVISION No. 4860 of 2019 INDER SINGH AND OTHERS Versus THE STATE OF MADHYA PRADESH Appearance:

Shri Navneet Kishore Verma-Advocate for the petitioners.

Shri Jayesh Yadav -GA for the respondent/State.

WITH CRIMINAL APPEAL No. 10679 of 2019 ARVIND SINGH AND OTHERS Versus INDER SINGH AND OTHERS Appearance:

None for the appellants.

Shri Navneet Kishore Verma-Advocate for the respondents.

Shri Jayesh Yadav -GA for the respondent/State.

Reserved on 13.11.2025 Pronounced on 20.11.2025 --------------------------------------------------------------------------

ORDER 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:

Name of accused UnderSection Sentence Fine Default sentence

324/34 IPC 2 months RI Rs.2000/- 1 year RI

323 IPC Rs.1000/-

Inder Singh

427 IPC Rs.1,000/-

2 months RI Rs.2000/- 1 year RI

324 IPC Pravin Singh

323/34 IPC Rs.1,000/- 427 IPC Rs.1,000/-

324/34 IPC 2 months RI Rs.2000/- 1 year RI Liladhar

323/34 IPC Rs.1000/- 427 IPC Rs.1,000/-

1 year RI

324/34 IPC 2 months RI Bhupendar Singh

323/34 IPC Rs.1000/- 427 IPC Rs.1,000/-

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 th