Sukhveer vs The State Of Madhya Pradesh

NEUTRAL CITATION NO. 2026:MPHC-GWL:32542
1 CRR-582-2014
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR

BEFORE
HON'BLE SHRI JUSTICE PUSHPENDRA YADAV
th
ON THE 26 OF OCTOBER, 2026
CRIMINAL REVISION No. 582 of 2014
CNR No.: MPHC030150162014
SUKHVEER AND OTHERS
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Harshit Sharma - Advocate for the petitioner.
Shri Atul Sharma - Public Prosecutor for State.
ORDER
On last date of hearing State was directed to call for the death verification
report of petitioner No.2- Kailash Singh Lodhi.
According to the report, it is confirmed that petitioner No.2- Kailash Singh
Lodhi.
has died on 03/04/2021.
In view of the aforesaid, this revision is dismissed as abated as regards
petitioner No.2- Kailash Singh Lodhi.
The present revision is now heard finally only in respect of petitioner No.1,
3 and 4.
This criminal revision has been filed under Section 397/401 of the Code of
Criminal Procedure, 1973 against the judgment dated 23.07.2014 passed by the
First Additional Sessions Judge, Gwalior, i n Criminal Appeal No.69/2013,
affirming the judgment o f conviction and order o f sentence dated 22.02.2013
passed b y the Judicial Magistrate First Class, Gwalior, i n Criminal Case No.
Signature Not Verified
Signed by: ASHISH
CHAURASIA
Signing time: 28-Oct-26
11:22:53 AM

NEUTRAL CITATION NO. 2026:MPHC-GWL:32542
2 CRR-582-2014
521/2010, whereby the petitioner was convicted under Sections 325/34 o f the

IPC and sentenced to undergo six months’ simple imprisonment and pay a fine
of Rs. 500/-, with a further sentence of one month’s imprisonment in default of
payment of fine.
2. According to the prosecution case, on 08.05.2010, at around 6:00 p.m., the
complainant, Jaswant Singh, went to Athoniyapura to bring sweets on the
occasion of purchasing a new motorcycle by co-accused Jagdish. There, the
petitioners stopped him on the way, surrounded him, and assaulted him with
sticks, causing injuries to various parts of his body. They also abused and
threatened him before leaving. On the basis of the complainant’s report, a criminal
case was registered bearing Crime No.113/2010 against the accused persons under
Sections 341, 294, 325 and 506-B of the IPC. After investigation, charge-sheet
was filed against the petitioners. Charges were framed against the petitioners
which they denied and requested for trial.
3 . The trial Court after appreciating the evidence and recorded the
statements of the prosecution witnesses and the defence witnesses and, acquitted
the petitioners for offences punishable under Sections 341, 294 and 506-B of the
IPC. However, they were convicted under Sections 325/34 o f t h e I P C and
sentenced t o undergo s i x months’ simple imprisonment a n d p a y a fine of
Rs.500/- each. Being dissatisfied, they preferred Criminal Appeal before the lower
Appellate Court, which was also dismissed. Hence, this revision.
4. Learned counsel for the petitioners submitted that he does not wish to
challenge the conviction of the petitioners for the aforesaid offence. As regards
sentence, it is submitted that the incident took place in the year 2010 and the
petitioners have been facing agony of trial for the last more than 16 years. It is
further submitted that the petitioners have already suffered incarceration for about
Signature Not Verified
Signed by: ASHISH
CHAURASIA
Signing time: 28-Oct-26
11:22:53 AM

NEUTRAL CITATION NO. 2026:MPHC-GWL:32542
3 CRR-582-2014
7-8 days. It is also submitted that fine amount has already been deposited by

them. Therefore, it is prayed that while enhancing the fine amount suitably,
sentence of the petitioners may be reduced to the period already undergone by
them.
5. Learned counsel for the State supported the impugned judgment.
6 . Heard learned counsel for the parties and perused the impugned
judgment.
7. Looking to the facts and circumstances of the case, ends of justice would
meet if while reducing the jail sentence of the petitioners to the period already
undergone by them, the fine amount under Section 325/34 of IPC is enhanced
from Rs.500/- to Rs.2,500/- each.
8 . Accordingly, while affirming the conviction of the petitioners under
Sections 325/34 of IPC, jail sentence of the petitioners is reduced to the period
already undergone by them and fine amount under Section 325/34 is enhanced
from Rs.500/- to Rs.2500/- each which shall be deposited by them within a period
of two months from today, failing which the petitioners will have to suffer the
sentence as awarded by the Courts below. The fine amount already deposited by
the petitioners be adjusted against the aforesaid amount of fine. The amount of fine
so deposited by the petitioners be given to the complainant under Section 357 of
Cr.P.C. as compensation.
9. With the aforesaid modification, the revision stands disposed of.
(PUSHPENDRA YADAV)
JUDGE
Ashish*

Signature Not Verified
Signed by: ASHISH
CHAURASIA
Signing time: 28-Oct-26
11:22:53 AM

NEUTRAL CITATION NO. 2026:MPHC-GWL:32542
4 CRR-582-2014

Signature Not Verified
Signed by: ASHISH
CHAURASIA
Signing time: 28-Oct-26
11:22:53 AM