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Madhya Pradesh High Court

Raju @ Raj Kishore vs State Of M.P. on 9 February, 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 9 th OF FEBRUARY, 2023
                                      CRIMINAL REVISION No. 791 of 2010

               BETWEEN:-
               RAJU @ RAJ KISHORE S/O NAVAL SINGH SIKARWAR,
               AGED ABOUT 26 YEARS, R/O SIDDH NAGAR COLONY,
               MAINAJAGARH     ROAD D IS TT.M OR EN A (MADHYA
               PRADESH)

                                                                                   .....PETITIONER
               (BY SHRI S.S.TOMAR- ADVOCATE)

               AND
               STATE OF M.P. THROUGH POLICE STATION G.R.P.
               VIDISHA, DISTT. VIDISHA (MADHYA PRADESH)

                                                                                 .....RESPONDENT
               (BY SHRI B.P.S.CHAUHAN- PUBLIC PROSECUTOR 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 petitioner against the judgment dated 21st August, 2010 passed by the Sessions Judge, Vidisha, in Criminal Appeal No.67/2010 affirming the judgment dated 22.2.2010 passed by JMFC, Vidisha, in R.T.No.1724/2009 convicting the petitioner under Section 379 of IPC and sentencing him to suffer one year RI with fine of Rs.1,200/-.

Brief facts necessary for disposal of this revision are that on 27.8.2009 when petitioner was travelling in Jhelkam Express from Bhopal to Beena, at Signature Not Verified Signed by: MADHU SOODAN PRASAD Ganj Basoda petitioner stole Rs.1,300/- along with ID No.C268414 and Signing time: 09-02-2023 05:23:09 PM photocopy of birth certificate of his son from his pocket. Crime was registered.

Petitioner was arrested and from his possession Rs.900/- and photocopy of birth certificate were seized. After investigation, charge-sheet has been filed. Trial was conducted. After trial, petitioner has been convicted as aforesaid. Being aggrieved by the aforesaid, petitioner preferred appeal which was dismissed.

Learned counsel for the petitioner/accused submitted that he does not want to challenge the conviction of the petitioner for the aforesaid offence. As regards sentence, it is submitted by learned counsel for the petitioner that incident took place on 27.8.2009 and more than 13 years have elapsed. Petitioner has already suffered incarceration for more than 10 months. Amount of fine has been deposited by him. Therefore, while enhancing the fine amount suitably, sentence of the petitioner be reduced to the period already undergone by him.

Learned counsel for the State supported the impugned judgment. Heard learned counsel for the parties and perused the record. Looking to the facts and circumstances of the case, ends of justice would meet if while reducing the jail sentence of the petitioner to the period already undergone by him, the fine is enhanced to Rs.2,000/- under Section 379 of IPC. Accordingly, while affirming the conviction of the petitioner under Section 379 of IPC, jail sentence o f the petitioner is reduced to the period already undergone by him and fine amount is enhanced to Rs.2,000/- which shall be deposited by him within a period of one month from today, failing which the petitioner will have to suffer the sentence as awarded by the Courts Signature Notbelow.

Verified The amount of fine so deposited by the petitioner be given to the Signed by: MADHU SOODAN PRASAD complainant under Section 357 of Cr.P.C. as compensation. Signing time: 09-02-2023 05:23:09 PM 3 With the aforesaid, the revision stands disposed of.

(DEEPAK KUMAR AGARWAL) JUDGE ms/-