Girvar Saket vs The State of Madhya Pradesh

B.D. Rathi, J.—This revision petition has been preferred against the judgment dated 7/8/2013 passed by II Additional Sessions Judge, Rewa in Cr.A. No. 5/13 whereby the judgment dated 22/12/2012 passed by Judicial Magistrate First Class, Rewa in Criminal Case No. 961/2008 convicting the petitioner u/s 304A of the Indian Penal Code and sentencing him to undergo R.I. for 2 years and to pay a fine of Rs. 500/-, was affirmed. Prosecution case, in brief, is that on 18/3/2008 the Dumper bearing registration No. UP-70-AT-2678 being rashly and negligently driven by the petitioner dashed into Jawaharlal leading to severe injuries and subsequent death.

At the outset, learned counsel for the petitioner submitted that he does not want to challenge the conviction awarded to the petitioner. However, he prayed that the custodial sentence passed against the petitioner may be reduced to the period already undergone. According to him, the petitioner is in jail since 7/8/13.

In response, learned Government Advocate while making reference to the incriminating pieces of evidence on record, submitted that the conviction was well merited and the impugned judgment did not warrant interference.

Having regard to the arguments advanced by the parties, perused the judgments of the Courts below.

As the conviction is not under challenge, adverting to the question of sentence, it is apparent from the record that the incident took place, as early as, in the year 2008 and since then the petitioner has faced the prosecution and suffered the ordeal of trial and appeal for a considerable period of more than five years. Taking into consideration facts and circumstances of the case including the fact that petitioner has no criminal antecedents and on the date of incident he was aged about 38 years, interests of justice would be met if the term of custodial sentence is reduced to nine months and fine amount is enhanced to Rs. 5000/-.

In view of the aforesaid, impugned conviction is maintained. However, the impugned term of custodial sentence is reduced to a period of 9 months while the fine amount is enhanced to Rs. 5000/- (Rupees five thousand only).

In the result, the revision stands allowed in part. Copy of the order be sent to the trial Court for information and compliance.