LAWS(MPH)-2013-1-10

PUSHPRAJ SINGH @ JHALLU SINGH PATEL Vs. SARDARILAL

Decided On January 03, 2013
Pushpraj Singh @ Jhallu Singh Patel Appellant
V/S
Sardarilal Respondents

JUDGEMENT

(1.) The applicant has filed this revision against the judgment dated 5.2.2011 passed by the 6 th 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.2000/- instead of their sentence of RI for one year with fine 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 6 th 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 till rising of the court with the fine of Rs.2000/-.

(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.