Madhya Pradesh High Court
Amar Muda vs The State Of Madhya Pradesh on 29 June, 2018
THE HIGH COURT OF MADHYA PRADESH
CRR-2549-2018
(AMAR MUDA Vs STATE OF MADHYA PRADESH)
1
Jabalpur, Dated : 29-06-2018
Shri Madan Singh, counsel for the applicant.
Shri M.K. Soni, Govt. Advocate for the respondent/State.
Heard finally at motion stage.
This criminal revision has been filed under section 397/401 of Cr.P.C. against the judgment dated 30.05.2018 passed by Second Additional Sessions Judge, Damoh in Cri.Appeal No.53/2017, whereby learned Additional Sessions Judge affirmed the judgment passed by JMFC, Damoh dated 27.03.2017 in Criminal Case No.802961/2009, whereby learned JMFC found applicant guilty for the offence punishable under Sections 324 & 325 of IPC and sentenced him to undergo R.I. for six months and R.I. for 1 year with fine of Rs.500/- respectively with default stipulation.
Brief facts of the prosecution case are that on 05.10.2009 at 9'o clock applicant Amar Muda assaulted to complainant Raju by knife due to which he sustained injury on his stomach and when complainant's wife Malti came to rescue him, he also assaulted her due to which she sustained injury on her left shoulder and also assaulted by handle of knife due to which she also sustained injury on proximal phalanx of her right hand. Applicant also threatened to kill them. After the incident, complainant lodged the report at Police Station Hinotiya, Damoh. On that report, police registered Crime No.208/2009 for the offence punishable under Sections 294, 324, 323 & 506 of IPC against the applicant and investigated the matter and during investigation police arrested the applicant on 30.10.2009 and one knife was also seized from his possession. After completion of investigation, charge-sheet was filed before the learned JMFC, who framed the charges against the applicant for the offences punishable under Section 294, 324, 325, 506 Part II of IPC and tried the case. Applicant abjured his guilt and took the defence that he is innocent and falsely been implicated in the offence. However, after trial, learned JMFC found the applicant guilty for the offences THE HIGH COURT OF MADHYA PRADESH CRR-2549-2018 (AMAR MUDA Vs STATE OF MADHYA PRADESH) 2 punishable under Sections 324 and 325 of IPC and sentenced him as aforesaid.
Being aggrieved from the judgment, applicant filed Criminal Appeal No.53/2017, which was dismissed by Second Additional Sessions Judge, Damoh vide judgment dated 30.05.2018. Being aggrieved from that judgment, applicant filed this criminal revision.
Although, apart from the quantum of sentence applicant in this revision also challenged the legality of the conviction, but during course of the arguments learned counsel for the applicant submitted that he does not want to press the revision on the finding of conviction. Otherwise also from the evidence produced by the prosecution finding of conviction of trial Court as well as appellate Court under Section 324 & 325 of IPC appears to be correct. So finding of conviction of trial Court as well as appellate Court is confirmed.
On the point of sentence, learned counsel for the applicant submitted that applicant/accused is first offender. It is submitted that the applicant was on bail during trial and he never misused the liberty granted to him. The applicant is in custody since the date of judgment i.e., 30.05.2018. Further, the applicant has no criminal past, nor he is involved in any unlawful activities subsequent to this incident. So he be released on sentence already undergone.
Certainly the pre and past incidents, conduct of the applicant, cannot be lost sight of and can be taken as mitigating circumstances. So looking to the facts and circumstances of the case and as to the fact that the applicant is facing trial from the year 2009 and injured Malti sustained fracture only on her phalanx of her little finger and applicant is in jail since the date of judgment i.e., 30.05.2018, the substantive jail sentence of imprisonment is reduced to one month R.I. for each of the offences in place of six months R.I. and one year R.I. for the offences punishable under Sections 324 & 325 of IPC imposed by the trial Court and the fine is enhanced from Rs.500/- to THE HIGH COURT OF MADHYA PRADESH CRR-2549-2018 (AMAR MUDA Vs STATE OF MADHYA PRADESH) 3 Rs.5000/- under Section 325 of IPC. On depositing the additional fine amount of Rs.4500/- by applicant which shall be payable to the injured Malti under Section 357 (1) of Cr.P.C. In default of payment of additional fine amount of Rs.4500/-, the applicant shall suffer 2 months' R.I. The period already undergone be set off from the period of substantive Jail sentence. Both the jail sentences shall run concurrently.
The impugned judgment of the trial Court as well as the appellate Court are modified accordingly.
Hence, this revision petition is partly allowed in the terms indicated above.
A copy of this order be sent to the Court of JMFC, Damoh for information and necessary compliance.
Certified copy as per rules.
(Rajeev Kumar Dubey) Judge (ra) Digitally signed by RANJEET AHIRWAL Date: 2018.06.30 13:39:22 +05'30'