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1978 DIGILAW 783 (MP)

Onkar v. State of M. P.

1978-10-16

A.R.NAVKAR

body1978
Short Note : 1. This is a revision against the judgment dated 12-6-74 passed by the Sessions Judge, Morena in Criminal Appeal No. 184 of 1973, arising out of the judgment in Criminal Original Case No. 89 of 1973 in the Court of the Magistrate First Class, Ambah by the judgment dated 17-2-1973, where in the applicant was convicted under section 304-A of the Indian Penal Code and sentenced to undergo rigorous imprisonment for one year and pay a fine of Rs 500 and in default of payment of fine to undergo a further rigorous imprisonment for four months. The conviction and sentence were upheld by the appellate Court. Held : The submission made before me is that the incident took place on 15-2-1973 and now it is after nearly five years or more that the case is coming for hearing before this Court. Therefore, I should consider regarding the sentence of imprisonment passed by the trial Court. The learned counsel has referred to me to judgment of the Supreme Court in Jagdish Chander v. State of Delhi ( AIR 1973 SC 2127 ). Relevant paragraph in the judgment is para 9. 2. What is mentioned in the above paragraph clearly applies to the present case also. Therefore, I am of the view that sending back the applicant to the jail will not be proper in this case. I therefore, reduce the sentence to the extent already undergone. 3. The result, therefore, is that the revision is allowed partly, the sentence of imprisonment is reduced to the extent already undergone but the amount of fine of Rs. 500 is enhanced to Rs. 750 out of which a sum of Rs. 500 will go to the heirs of the deceased if the amount of fine is recovered. If the fine is not paid then the petitioner will suffer rigorous imprisonment for six months in lieu thereof. AIR 1973 SC 2127 relied on. Revision partly allowed.