SHRILAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This revision under Sec. 397/401 of Cr.P.C. has been filed by the petitioners against the judgment dtd. 3/9/2007 passed by Additional Sessions Judge, Chachoda District Guna (M.P.) in Criminal Appeal No.212/2007 affirming the judgment dtd. 16/3/2007 passed in criminal case No.508/2005 by JMFC Chachoda District Guna by which petitioners have been convicted for the offence punishable under Sec. 325/34 of IPC and sentenced to undergo 3 months R.I. with fine of Rs.300.00 each with default stipulation.

(2.) In brief facts of the case are that on 22/2/1997 complainant Shivraj Singh lodged a report against petitioners that they committed marpeet with him by means of Lathi due to which he got fracture. Report was lodged. After investigation, charge-sheet in the matter was filed. Learned trial Court after appreciating the evidence on record, convicted the petitioners for the aforesaid offence.

(3.) Learned counsel for the petitioners/accused submitted that he does not want to challenge the conviction of the petitioners for the aforesaid offence. As regards sentence, it is submitted by learned counsel for the petitioners that the incident took place on 22/2/1997. Petitioners are facing ordeal of trial for the last more than 25 years. Petitioners have suffered one month of custody period as against three months of sentence awarded. Therefore, while enhancing the fine amount suitably, sentence of the petitioners be reduced to the period already undergone by them. Learned counsel for the State supported the impugned judgment.