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Madhya Pradesh High Court · body

2013 DIGILAW 647 (MP)

Suresh v. State of M. P.

2013-05-14

N.K.Gupta

body2013
ORDER 1. The applicants have preferred the present revision against the order dated 6.10.2004 passed by the learned 2nd Additional Sessions Judge, Shahdol in Criminal Appeal No. 151/2003, whereby the conviction under section 379 of IPC was maintained and the sentence of six months R.I. was granted. 2. The prosecution’s case, in short is that, on 16.2.2009 a water pump along with tube and football was stolen from the farm house of the victim Ajay Kumar Mishra (PW-2) at village Khairhani (Police Station Jaitpur, District Shahdol). Thereafter, the stolen property was seized from the applicants. After due investigation, a charge sheet was filed. 3. The applicants abjured their guilt. They did not take any specific plea and no defence evidence was adduced. 4. The learned JMFC vide order 10.10.2003 convicted the applicants for the offence punishable under section 379 of IPC and sentenced for six months RI, whereas the appeal filed by the applicants was dismissed. 5. I have heard the learned counsel for the parties. 6. The learned counsel for the applicant has advanced the arguments that the applicants were the fist offender, who have faced the trial, appeal and the present revision for the last 12 years. Under such circumstances, where they remained in the custody for 15 days, it is prayed that they may not be sent to the jail again. The contention advanced by the learned counsel for the applicants can be accepted but looking to the custody period, it appears that it is not sufficient and therefore, it would be proper that a fine may be imposed upon the applicants. 7. On the basis of aforesaid discussion, the revision filed by the applicants is hereby partly allowed. Their conviction for the offence punishable under section 379 of IPC is hereby maintained but sentence is reduced to the period in which they have already undergone in the custody but the fine of Rs. 4,000/- is imposed upon each of the applicant for the aforesaid offence. They are directed to deposit the said fine amount before the trial Court within two months from today, failing which each of them, shall undergo for six months RI. 8. Copy of this order be sent to the trial Court as well as appellate Court along with their records for information and compliance. 9. The attention of the trial Court is also invited to the provision of section 68 of IPC.