Amrit Lal vs The State Of Madhya Pradesh
2021 Latest Caselaw 523 MP

 HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

                        CR.R.No. 290 / 2021
                     AMRIT LAL Vs. STATE OF MP
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INDORE, Dated : 08/03/2021
      Heard through video conferencing.
      Mr. Avinash Kumar Khare, learned counsel for the
petitioner.
      Ms. Vibha Bharukha, learned Panel Lawyer for the
respondent - State.

This is a revision filed u/S. 397 and 401 of CrPC against the judgment dated 22/6/15 passed by the JMFC, Sarangpur and judgment dated 30/1/21 passed by 2nd Addl. Session Judge Sarangpur Distt. Rajgarh whereby the applicant has been convicted u/S. 304A, 279 and 337 IPC and sentenced as under :

 Conviction u/S.   Sentence      Fine            In default of
                                                 payment of fine
 279 IPC           One month     Rs.100          One month
 337 IPC           One month     Rs.100          One month
 304A IPC          One year      Rs.100          One month

As per the prosecution story on 8/4/2007 at Village Sandawta a function of Joint Marriage Ceremony of Prajapati Community was going on. The said Society has conducted the ceremony of 25 marriages in one day-night. The Marriages function continued up to 5 a.m. of the next day morning. When all the relatives, guests and invitees were returned from their respective vehicles this applicant who was driving a Tempo Trax bearing registration number MP41 T 0162 entered the vehicle in the tent rashly and HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

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negligently due to which Saurambai and Gorbai sustained injuries. Gorabai while taking to a Government hospital has succumbed to the injuries. Accordingly, the police registered a case against the applicant u/S. 279, 337 and 304A IPC.

After completing the investigation challan was filed. Applicant pleaded not guilty and prayed for trial.

To prove charges against the applicant prosecution has examined as many as 12 witnesses. In defence, this applicant did not examine any witness. After appreciating came on record learned Judicial Magistrate First Class has held that the prosecution has proved the charges beyond reasonable doubt and accordingly vide judgment dated 22/6/15 has convicted and sentenced the applicant as stated above. Being aggrieved by the aforesaid judgment the applicant preferred a Cr.A.No. 218/2015 which has been dismissed vide judgment dt. 30/1/21, hence present revision.

Mr. Khare, Learned counsel for the applicant submits that courts below have committed material illegality while appreciating evidence came on record. All the witnesses who have supported the prosecution deposed to the extent they saw the applicant near the place of the accident but they did not see the applicant driving the said vehicle. Therefore, the prosecution has failed to prove the charges beyond a reasonable doubt. The applicant is entitled to benefit of the doubt. Learned counsel for the petitioner submits that applicant is a first offender and therefore trial court ought to HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

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have granted the benefit of the Probation of Offenders Act. It is further submitted that the applicant is facing the agony of the trial for the last 13 years and he is the sold earning member in the family therefore the period of the sentence be reduced from 1 year to the period already undergone.

Ms. Vibha Bharukha, learned Panel Lawyer counsel for the respondent argued in support of the judgment. After the accident immediately the applicant was apprehended by the witnesses who were present on the spot and immediately called the police. The applicant was driving the vehicle which caused the accident and therefore there was no doubt that he was driving the said vehicle and rightly made accused, hence concurrent findings are not liable to have interfered in the Revision .

I have appreciated the arguments advanced by the learned counsel for parties and perused the record.

PW1 Ramprasad and PW2 Jagdish Prajapati have categorically stated in examination in chief that the applicant while driving Tempo Trax rashly and negligently entered into the tent where Gorbai was sleeping. She died due to the accident. They have apprehended this driver on the spot and thereafter lodged a report. Therefore it is immaterial whether they have seen the applicant driving Tempo Trax. The applicant was found along with the Tempo Trax on the spot which caused the accident. Police have recovered the driving license, insurance paper, permit from the possession of the HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

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applicant therefore there is no reason to disbelieve the evidence of PW1 and PW2. There is no dispute to the finding that late Gorabai died due to injuries sustained in the incident. Tempo Trax was mechanically found fit as per evidence of PW7 therefore both the courts below have not committed any error of law and facts while convicting the applicant u/S. 279, 337 and 304A IPC.

So far plea of Mr. Khare in respect of the reduction of sentence is concerned, it is correct that the applicant is facing the agony of the trial for the last 13 years. No material has been produced by the prosecution to show that the applicant is having criminal antecedents. He was having a driving license valid on the date of the accident. The marriage ceremony was going on in the agricultural field where the vehicles also been parked therefore looking to the nature of the accident and long pendency of trial and Cr Appeal and lastly there is no criminal record of the applicant, in my considered opinion one year sentence is on the higher side hence same is liable to be reduced to six months with the enhancement of fine Rs.100/- to Rs.1000.

In view of the above discussion, Criminal Revision is partly allowed.

(VIVEK RUSIA) JUDGE KR

Digitally signed by Kamal Rathor Date: 2021.03.09 11:31:28 +05'30'