Vishnuprasad vs The State Of Madhya Pradesh on 2 August, 2023

[Cites 3, Cited by 3]

Madhya Pradesh High Court

Vishnuprasad vs The State Of Madhya Pradesh on 2 August, 2023

Bench: Prem Narayan Singh

                                                              1
                           IN      THE      HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                     BEFORE
                                    HON'BLE SHRI JUSTICE PREM NARAYAN SINGH
                                                ON THE 2 nd OF AUGUST, 2023
                                           CRIMINAL REVISION No. 1253 of 2013

                          BETWEEN:-
                          VISHNUPRASAD S/O BHAWARJI, AGED ABOUT 35
                          YEARS, GRAM JABDIYA GHARWAS THANA KALAPIPAL
                          (MADHYA PRADESH)

                                                                                        .....PETITIONER
                          (SHRI RANJEET SEN APPEARED FOR PETITIONER.
                          )

                          AND
                          THE STATE OF MADHYA PRADESH GOVT. THRU. P.S.
                          KALAPIPAL (MADHYA PRADESH)

                                                                                       .....RESPONDENT
                          ( SHRI SURENDRA GUPTA -GOVT. ADVOCATE).

                                 T h is revision coming on for orders this day, t h e cou rt passed the
                          following:
                                                               ORDER

With consent of the parties heard finally.

1. This criminal revision under Section 397 of Cr.P.C. has been filed by the petitioner being aggrieved by the judgment dated 27.11.2023, passed by the Second Additional Sessions Judge, Shujalpur, District Shajapur, in CRA No.256/2013, partly allowing the judgment dated 18.042013, passed by learned Judicial Magistrate First Class, in Criminal Case No.1196/2007, whereby the petitioner has been convicted for the offence under Section 324 of IPC and sentenced to undergo 3 months RI with fine of Rs.1,000/-, with default Signature Not Verified stipulations.

Signed by: VARSHA DUBEY Signing time: 8/4/2023 10:58:25 AM 2

2. The petitioner has preferred this criminal revision on several grounds but during the course of arguments, learned counsel for the petitioner did not press this revision on merits and not assail the finding part of judgment. He confines his argument on the point of sentence only and prays that since the petitioner has already undergone approximately 08 days in jail incarceration, his sentence be reduced to the period already undergone. The petitioner deserves some leniency as the he already suffered the ordeal of the trial since 2007 i.e. for a period of 16 years. It is further submitted that this petition be partly allowed and the sentence awarded to the petitioner be reduced to the period already undergone by enhancing the fine amount.

3. Learned counsel for the State on the other hand supports the impugned judgment and prays for dismissal of this revision.

4. Having considered the rival submissions and on perusal of the record, the submission of the learned counsel for the petitioner appears to be just and proper.

5. However, the learned trial Court as well as the learned Appellate Court has not committed any error in appreciation of evidence available on record. Further, it is found that both the courts below considered the evidence available on record and correctly found that the case of the prosecution is well supported by the witnesses & misappropriation of funds was found. Both the Courts below have well considered the material available on record, hence, no infirmity is found in the impugned order of conviction passed by both the Courts below, accordingly, the same is upheld.

6. So far as the sentence of the petitioner is concerned, after the lapse of almost 16 years, the submissions made by the petitioner regarding enhancement Signature Not Verified Signed by: VARSHA DUBEY Signing time: 8/4/2023 10:58:25 AM 3 in fine appears to be proper. The petitioner has suffered the ordeal of criminal case since 2016, this Court finds it expedient to partly allow this revision petition by affirming the conviction of the petitioner.

7. Accordingly, this revision petition is partly allowed and the sentence awarded to the petitioner is hereby reduced to the sentence already undergone by increasing the fine amount from Rs.1000/- to Rs. 5,000/- under Section 324 of IPC to be paid by the petitioner within a period of one month from today. Out of the fine amount so deposited by the petitioner, Rs.2,000/- be paid to injured Bhupendra under Section 357(3) of Cr.P.C. by the trial Court. The fine amount, if already deposited as well as the compensation amount paid to the injured, if any, shall be adjusted. The bail bond of the petitioner shall be discharged after deposit of the fine amount. If the applicant fails to deposit the fine amount, he will suffer 1 month of simple imprisonment in default.

8. A copy of this order be sent to the concerned trial Court for necessary compliance.

Certified copy as per rules.

(PREM NARAYAN SINGH) JUDGE VD Signature Not Verified Signed by: VARSHA DUBEY Signing time: 8/4/2023 10:58:25 AM

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