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Madhya Pradesh High Court

Gurjeet Singh vs The State Of Madhya Pradesh on 25 April, 2023

Author: Deepak Kumar Agarwal

Bench: Deepak Kumar Agarwal

                                                       1
                 IN         THE       HIGH COURT OF MADHYA PRADESH
                                            AT GWALIOR
                                              BEFORE
                           HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                           ON THE 25 th OF APRIL, 2023
                                     CRIMINAL REVISION No. 1391 of 2023

               BETWEEN:-
               1.          GURJEET SINGH S/O SHRI GURUDEV SINGH,
                           AGED   ABOUT    33  YEARS, R/O VILLAGE
                           BHAGWANPURA      PS   KOTLI    DISTRICT
                           GURUDASPUR (PUNJAB)

               2.          GURUDEV SINGH S/O SHRI CHARAN SINGH,
                           AGED ABOUT 55 YEARS,     R/O VILLAGE
                           BHAGWANPURA     PS  KOTLI    DISTRICT
                           GURUDASPUR (PUNJAB)

               3.          BALVINDAR SINGH S/O SHRI KUNDANSINGH,
                           AGED ABOUT 60 YEARS,      R/O VILLAGE
                           BHAGWANPURA     PS   KOTLI    DISTRICT
                           GURUDASPUR (PUNJAB)

                                                                                  .....PETITIONERS
               (BY SMT. UMA KUSHWAH- ADVOCATE )

               AND
               THE STATE OF MADHYA PRADESH THROUGH POLICE
               STATION CHINOR DISTT. GWALIOR (MADHYA
               PRADESH)

                                                                                  .....RESPONDENT
               (BY SHRI NITIN GOYAL - PANEL LAWYER FOR THE STATE )

                           Th is revision coming on for hearing this day, th e court passed the
               following:
                                                        ORDER

This revision has been filed by the petitioners against the judgment dated 25.3.2023 passed by the 1st Additional Sessions Judge, Dabra, Distt. Gwalior, Signature Not Verified Signed by: MADHU SOODAN PRASAD in Criminal Appeal No.305/2016 affirming the judgment dated 13.12.2016 Signing time: 25-04-2023 06:51:46 PM 2 passed by the JMFC, Bhitarwar, Distt. Gwalior, in Criminal Case No.2601/2006 convicting the petitioners under Sections 323/34 (on two counts) and 326/34 of IPC and sentencing them to pay fine of Rs.250/- on each count under Section 323/34 of IPC and undergo 3 years RI with fine of Rs.1,000/- under Section 326/34 of IPC.

Brief facts of the case are that complainant Guljar Singh lodged a report at police Station Chinor Distt. Gwalior that there was a dispute in regard to a land. An agreement took place between the parties. Thereafter petitioners denied to get the sale-deed executed. At about 1 in the night when the complainant and his brother Balkar Singh were discussing in regard to land, petitioners came there and abused them. Thereafter, petitioner Gurudev inflicted a sword blow on his left hand finger. When he tried to fled, petitioner Gurjeet stopped him and petitioner Balwinder inflicted Lathi blow on his head. When his brother Balkar Singh came to save him, then petitioner Gurjeet inflicted Lathi blow to complainant and his brother. On his report, offence was registered. After investigation, charge-sheet has been filed. After trial, petitioners have been convicted as aforesaid. They preferred appeal which was dismissed.

Learned counsel for the petitioners/accused submitted that she 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 16.8.2006 and petitioners have been facing agony of trial for the last 17 years. Petitioners have already suffered incarceration of 1 month and 6 days. Amount of fine has been deposited by them. Therefore, while enhancing the fine amount suitably, sentence of the petitioners be reduced to the Signature Not Verified period already undergone by them.

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 to the period already undergone by them, the fine is enhanced to Rs.5,000/- under Section 326/34 of IPC. Accordingly, while affirming the conviction of the petitioners under Section 323/34 (on two counts) & 326/34 of IPC, jail sentence o f the petitioners is reduced to the period already undergone by them and fine amount is enhanced to Rs.5,000/- each under Section 326/34 of IPC 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.

With the aforesaid, the revision stands disposed of.

(DEEPAK KUMAR AGARWAL) JUDGE ms/-