IN THE HIGH COURT OF MADHYA PRADESH

AT JABALPUR

BEFORE

HON'BLE SHRI JUSTICE AVANINDRA KUMAR SINGH

th

ON THE 13 OF JANUARY, 2026

CRIMINAL REVISION No. 4277 of 2025

HEMCHANDRA @ HIMMU PATEL

Versus

THE STATE OF MADHYA PRADESH

Appearance:

Shri Sudeep Kumar Patel - Advocate for the applicant.

Ms. Samta Jain - Government Advocate for the respondent/State.

ORDER Rs.500/- and under Section 323 of IPC with three months R.I. and fine of Rs.500/-

Applicant Hemchandra @ Himmu Patel is present and he is identified by

his counsel.

This revision was admitted for final hearing on 13.10.2025.

With the consent of the learned counsel for the both the parties matter is

heard finally.

2.This revision has been filed being aggrieved of the judgment dated

21.08.2025 passed by 2nd Additional Session Judge, Nowgaon, District

Chhatarpur in Criminal Appeal No.32/2023.

3. The learned Judicial Magistrate First Class, Nowgaon, District

Chhatarpur vide judgement dated 20.07.2023 passed in R.C.T.No.320/2016 (State of M.P. through P.S. Nowgaon, District Chhatarpur Vs. Hemchandra @ Himmu Patel) for an offence the applicant was charged under Sections 341, 327,323, 294, and 506-II of IPC for. The learned trial acquitted the accused under Section 341, 294 and 506-II of IPC but convicted the accused under Section 327 and 323 of IPC and punished him under Section 327 IPC with three years R.I. and fine of

with default stipulations.

4. Learned counsel for the applicant submits that although revision is filed against the conviction and sentence, he is not pressing his revision against the conviction, but the sentence may be reduced to the period of custody already undergone by the applicant.

5. Ms. Samta Jain learned Government Advocate for the respondent/State has no objection if the conviction of the appellant is maintained and sentence is reduced.

6. Considered the statements of PW/1-Harishchandra, PW/2-Ramprakash Patel, PW/3 S.L. Thakur, S.I., PW/4-Dr. Ravindra Patel, PW/5-Parmanand, PW/6- Babulal@Babbu, and also statement of the accused and it is seen that judgment of conviction is well justified. Therefore, conviction against the applicant is well justified and needs no interference. Accordingly revision against conviction is dismissed.

7. Considered the quantum of sentence.

8. Perused the record and as per the judgment of the trial court appellant remained in judicial custody during the trial for 37 days. Learned Appellate court vide judgment dated 21.08.2025 passed by 2nd Additional Session Judge, Nowgaon, District Chhatarpur in Criminal Appeal No.32/2023 allowed the appeal partly and but convicted and sentenced him under Section 327 IPC only with one years R.I. and fine of Rs.1,000/- with default stipulation. After the judgment of the appellant court, the appellant was sent to the jail and his suspension was allowed on 13.10.2025 by this court and bail was verified on 14.10.2025.

9. It is seen that as per statements of PW/4-Dr. Ravindra Patel, the injured (PW/1-Harishchandra) was complained of pain in his left cheek and his lower back. No external injury was seen. Whereas PW/1-Harishchandra has stated stated that the accused abused him, demanded Rupees five hundred for liquor, when he refused, assaulted him with fists and kicks. People gathered there and intervened.

10. In the considered view of this court in the facts and circumstances of the case as narrated above, the sentence can be reduced. Applicant is convicted under Section 323 and 327 of IPC with period already undergone by him as mentioned above and the fine imposed under Section 323 of the IPC is enhanced from Rs.500/- to Rs.1,000/- and the fine imposed under Section 327 of the IPC is enhanced from Rs.500/- to Rs.2,000/-.The amount if deposited previously shall be adjusted. The additional amount of Rs.2,000/- shall be deposited within a period of 30 days from today to complainant. If the fine amount is not deposited, then the applicant shall undergo the sentence as awarded by the learned trial court under default stipulation.

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