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Madhya Pradesh High Court · body

2010 DIGILAW 7 (MP)

Mahaveer Singh v. State of M. P.

2010-01-04

S.S.DWIVEDI

body2010
Judgment ( 1. ) The applicant has preferred this revision under section 397 of the Code of Criminal Procedure, feeling aggrieved by the appellate judgment dated 4/12/2009 passed by Sixth Additional Sessions Judge, (FTC) Lahar, in Cri. Appeal No. 86/09, whereby affirmed the judgment of conviction and sentence dated 29/7/2009 passed by JMFC Lahar in Criminal Case No. 32/04, whereby the applicant Mahaveer Singh has been found guilty for the offence punishable under section 304. A of IPC and sentenced him to suffer one year and six months SI with fine of Rs. 2,000.00 in default of fine further ordered to suffer two months imprisonment. ( 2. ) Briefly stated facts of the case are that on 3.2.04 at about 9.45 at village Aswar, the applicant drove the motor-cycle bearing registration No. MP-32/B- 1658 rashly and negligently and dashed one Gulabrani a lady, due to which she sustained injuries on her chest and head. Thereafter, she was immediately admitted to the hospital, wherein the Doctor declared her dead. The matter has been reported to Police Station Aswar, Pargana Lahar, Dist. Bhind, on which basis the police had registered a case; issued memo for postmortem examination of the dead body of the deceased. After due investigation, the charge sheet has been filed. ( 3. ) The applicant/accused abjured the guilt and his defence is of false implication in this case. The learned trial Court after due appreciation of the entire evidence on record by impugned judgment held the applicant guilty for the offence punishable under section 304-A of IPC and sentenced him to one year and six months SI with a fine of Rs. 2,000.00 with default stipulation. On appeal, the appellate Court vide judgment dated 4/12/2009 affirmed the finding of conviction recorded by the trial Court. Hence, this revision on behalf of the applicant. ( 4. ) Having heard the learned counsel for the applicant as well as the learned Public Prosecutor appearing for the State. ( 5. 2,000.00 with default stipulation. On appeal, the appellate Court vide judgment dated 4/12/2009 affirmed the finding of conviction recorded by the trial Court. Hence, this revision on behalf of the applicant. ( 4. ) Having heard the learned counsel for the applicant as well as the learned Public Prosecutor appearing for the State. ( 5. ) It is submitted on behalf of the applicant that the applicant is not challenging the concurrent finding of conviction recorded by the Courts below; the only prayer is that the incident had taken place in the year 2004, five years have already been passed; no previous criminal conduct of the applicant has also been proved by the prosecution; the intention of the accused/applicant is not to cause injury to the applicant; the incident has taken place all of a sudden; and the applicant is also in custody since 4/12/2009. Hence, only prayed for just reduction of the jail sentence. ( 6. ) Learned Public Prosecutor for the State supported the impugned judgment and prayed for dismissal of the revision petition. ( 7. ) As before this Court the applicant is not challenging the concurrent finding of conviction recorded by the Courts below for the offence punishable under section 304A of IPC, hence the aforesaid finding of conviction is hereby affirmed. ( 8. ) With regard to the sentence is concerned, admittedly, the applicant is facing trial since last more than five years, no previous criminal conduct of the applicant has been proved by the prosecution; the incident had taken place all of a sudden; the applicant is also in custody since 4.12.2009. Considering the aforesaid circumstances, the jail sentence of one year six months SI can be reduced to the period already undergone by the applicant in jail with some enhancement of the fine amount. ( 9. ) Resultantly, the revision petition is allowed in part, conviction of the applicant under section 304A IPC is hereby set aside and instead thereof the applicant is sentenced to the period already undergone by him in jail (from 4/12/2009 till the date of his release), with a fine of Rs. 5,000.00. In default of payment of fine he will suffer further imprisonment for three months. If the applicant has already deposited the fine amount of Rs. 2,000.00 in the trial Court as imposed by the appellate Court then on deposit of the remaining amount of Rs. 5,000.00. In default of payment of fine he will suffer further imprisonment for three months. If the applicant has already deposited the fine amount of Rs. 2,000.00 in the trial Court as imposed by the appellate Court then on deposit of the remaining amount of Rs. 3000.00 by the applicant, the trial Court is directed to immediately release the applicant, if not required to be detained in any other case. ( 10. ) The total fine amount of Rs. 5,000.00 (Ruppes Five Thousand) be paid to the LRs of the deceased Gulabrani as compensation. With the modification in sentence, the revision petition is disposed of.