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2013 DIGILAW 25 (MP)

Pushpraj Singh @ Jhallu Singh Patel v. Sardarilal

2013-01-03

N.K.GUPTA

body2013
ORDER 1.The applicant has filed this revision against the judgment dated 5.2.2011 passed by the 6th Additional Sessions Judge, Rewa in Criminal Appeal No. 374/2010 whereby the sentence directed by the JMFC, Theonthar in Criminal Case No. 1033/2009 vide judgment dated 3.11.2010 was reduced and the respondents No. 1 to 3 were sentenced for the offence under section 325/34 of IPC with imprisonment of till rising of the Court with fine of Rs. 2,000/- instead of their sentence of RI for one year withfine of Rs. 500/-. 2. The brief facts of the case relating to the present revision are that the respondents No. 1 to 3 were convicted by the JMFC Theonthar in Criminal Case No. 1033/2009 vide judgment dated 3.11.2010. They were convicted for the offence under section 325/34 of IPC and each of them was sentenced with one year’s RI with fine of Rs. 500/-. In criminal appeal No. 374/2010 the learned 6th Additional Sessions Judge, Rewa vide judgment dated 5.2.2011 dismissed the appeal of the respondents No. 1 to 3 on merits, but the sentence is reduced to the period of fill rising of the Court with the fine of Rs. 2,000/-. 3. The applicant has challenged the judgment dated 5.2.2011 with a view that the sentence directed by the appellate Court appears to be low, and therefore the sentence passed against the respondents No. 1 to 3 may be enhanced. 4. After considering the submissions made by the learned counsel for the parties and looking to the facts and circumstances of the case, it is apparent that the victim sustained fracture of left ulna and radius bones in his hand. It is also apparent that the respondents No. 1 to 3 were the first offender. The offence under section 325 of IPC is not a grave offence. The respondents No. 1 to 3 could be released on probation, if any appropriate ground was available. The offence under section 325 of IPC is a bailable offence and triable by the Court of JMFC. The incident took place in a spur of moment and it was not a pre-planned crime. Under such circumstaces, the trial Court as well as the appellate Court could have sentenced the respondents No. 1 to 3 with fine only. However, the jail sentence till rising of the Court was directed by the appellate Court. The incident took place in a spur of moment and it was not a pre-planned crime. Under such circumstaces, the trial Court as well as the appellate Court could have sentenced the respondents No. 1 to 3 with fine only. However, the jail sentence till rising of the Court was directed by the appellate Court. The fine imposed by the appellate Court to be proper and it cannot be said that it was a lesser fine. 5. When a case is tried for the offence under section 307 of IPC and thereafter a conviction is directed under section 325 of IPC, then looking to the gravity of offence, harsh sentence may be given, but when the case was triable by the Court of JMFC from very beginning and the bones broken were not connected with the vital part of the body, a harsh sentence is not required in the case. Under such circumstances, looking to the sentence directed by the learned Additional Sessions Judge, it cannot be said that it was not appropriate. No illegality or perversity is visible in the judgment passed by the learned appellate Court while considering the question of sentence. Under such circumstances, there is no basis by which any interference can be done in the judgment passed by the appellate Court by way of this revision. 6.Consequently, the present revision filed by the applicant Pushpraj Singh @ Jhallu Singh Patel is hereby dismissed. However, it is directed that a sum of Rs. 4,000/- be paid to the applicant Pushpraj Singh @ Jhallu Singh Patel by way of compensation out of the fine amont deposited by the respondents No. 1 to 3 before the trial Court. 7. A copy of this order be sent to the trial Court as well as the appellate Court along with its case files for information and compliance.