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1995 DIGILAW 48 (MP)

Jafar Khan v. State of M. P.

1995-01-10

A.S.TRIPATHI

body1995
JUDGMENT This revision has been preferred against the judgment and order dated 7th of August 1992 passed by 1st Additional Sessions Judge of Vidisha, Camp Sironj, whereby the conviction and sentence of the petitioner Zafar Khan u/S. 304-A IPC was maintained and the only modification was made that instead of six months R.I. the petitioner was directed to undergo four months R.I. and to pay a fine of Rs. 4,000/-. Out of the fine of Rs. 4,000/-, Rs. 3,000/- was directed to be paid to the guardian of the deceased boy. Accordingly to the protestation case, the petitioner' was driving a motorcycle returning from a local fair. On the road, two other persons were also sitting on the motor cycle. The petitioner is said to have driving the motor cycle so rashly and negligently that the motor cycle has skided outside the road and caused injuries to a boy sitting on the road on the pavements. The boy died on way to hospital. The trial Court had believed the prosecution case and had sentenced the petitioner u/S. 304-A IPC and imposed the sentence of six months R.I. and a fine of Rs. 2,000/-. In appeal, the fine was enhanced to Rs. 4,000/- and the sentence was redued to four months R.I. Out of the fine Rs. 3,000/- was directed to be paid to the guardian of the deceased boy. In this revision, the learned counsel for the petitioner/accused pressed this revision only on the point of sentence. He argued that it was a case of neglience on the part of the petitioner. The petitioner himself was a boy of 18 years at that time. The occurrence had taken place in the year 1979. According to the learned counsel for the petitioner, it will not serve any purpose for sending the petitioner in jail at this stage. Learned Deputy Government Advocate appearing for the State suggested that a fine of Rs. 1,000/- be enhanced and the imprisonment already undergone may be taken to be sufficient. This suggestion is accepted by the learned counsel for the petitioner that instead of sending the petitioner to jail, further fine of Rs. 1,000/- may be imposed. Learned Deputy Government Advocate appearing for the State suggested that a fine of Rs. 1,000/- be enhanced and the imprisonment already undergone may be taken to be sufficient. This suggestion is accepted by the learned counsel for the petitioner that instead of sending the petitioner to jail, further fine of Rs. 1,000/- may be imposed. Considering the facts of the case and taking into consideration the tender age of the petitioner himself at that time being 18 years and also in view of the fact that more than 15 years have passed, it will not serve any purpose so send back the petitioner to jail for the remaining period of his sentence. Enhancement of fine will certainly meet the ends of justice. Accordingly this revision is allowed in part. The sentence of imprisonment already undergone by the petitioner is taken to be sufficient. However, the fine of Rs. 4,000/- imposed by the appellate Court is enhanced to Rs. 5,000/-. The remaining balance of Rs. 1,000/- shall be deposited by the petitioner within a month, failing which the petitioner shall undergo rigorous, imprisonment for a period of three months. The revision petition is disposed of and the judgment and order of the appellate Court is modified to the extent indicated above. The petitioner is on bail. He need not surrender. His bail bond and surety bond are discharged.