Daulatshah vs The State Of Madhya Pradesh
2023 Latest Caselaw 5630 MP

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                           IN     THE      HIGH COURT OF MADHYA PRADESH
                                                 AT GWALIOR
                                                    BEFORE
                                 HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                                 ON THE 6 th OF APRIL, 2023
                                          CRIMINAL REVISION No. 1183 of 2023

                          BETWEEN:-
                          DAULATSHAH S/O SHRI NAVAB SHAH, AGED ABOUT 51
                          Y E A R S , OCCUPATION: PRIVATE  SERVICE  R/O
                          GUPTESHWAR ROAD KARERA POLICE STATION
                          KARERA DISTRICT SHIVPURI (MADHYA PRADESH)

                                                                                         .....PETITIONER
                          (BY SHRI SARVESH KUMAR SHARMA - ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH THROUGH POLICE
                          STATION AMOLA DISTRICT SHIVPURI (MADHYA
                          PRADESH)

                                                                                       .....RESPONDENT
                          (BY SHRI VIRENDRA SINGH PAL - PUBLIC PROSECUTOR)

                                Th is revision coming on for hearing this day, th e court passed the
                          following:
                                                             ORDER

This revision has been filed by the petitioner against the judgment dated

14.03.2023 passed by the Ist Additional Sessions Judge, Karera, District Shivpuri, (M.P.) in Criminal Appeal No.179/2019 affirming the judgment dated 24.12.2018 passed by JMFC, Karera, Distt. Shivpuri, in Criminal Case No.1244/2011 convicting the petitioner under Section 304-A of IPC and sentencing him to suffer 1 year's RI with fine of Rs.500/- and under Section 3/8(1) of M.P. Upchargrah and Rojopchar Sambhandhi Sthapan (Registrikran and Anugyapan) Act with fine of Rs.2000/- with default stipulation. Signature Not Verified Signed by: ADNAN HUSAIN ANSARI Signing time: 4/6/2023 4:42:08 PM

Brief facts necessary for disposal of this revision are that petitioner is practicing at Village Karera as doctor, deceased Kallu went to petitioner's hospital for treatment. During treatment, he injected him, due to which he died on 14.09.2011. Thereafter, Merg was recorded and evidence came in light that due to rash and negligent act of the petitioner, Kallu died. Petitioner was arrested. After investigation, charge sheet has been filed. Trial was conducted. After trial, petitioner has been convicted as aforesaid. Being aggrieved by the aforesaid, petitioner preferred appeal which was dismissed.

Learned counsel for the petitioner/accused submitted that he does not want to challenge the conviction of the petitioner for the aforesaid offence. It is

further submitted that petitioner has no intention to kill Kallu, he was bona fidely treating him, during which he died on 14.09.2011. Beside this, he was heart patient. As regards sentence, it is submitted by learned counsel for the petitioner that incident took place in the year 2011 and petitioner has been facing agony of trial for the last 12 years. Petitioner has already suffered incarceration of 3 weeks. Amount of fine has been deposited by him. Therefore, while enhancing the fine amount suitably, sentence of the petitioner be reduced to the period already undergone by him.

Per contra, learned counsel for the State vehemently opposed the argument and submitted that no evidence on record that deceased was a heart patient. He died due to negligent act of the petitioner. In these situation, sentence passed by trial Court as well as appellate Court is appropriate.

Heard learned counsel for the parties and perused the record. Looking to the facts and circumstances of the case, ends of justice would meet if while reducing the jail sentence of the petitioner to the period

Signature Not Verified already undergone by him, the fine is enhanced to Rs.1,00,000/- under Section Signed by: ADNAN HUSAIN ANSARI Signing time: 4/6/2023 4:42:08 PM

304-A of IPC. Accordingly, while affirming the conviction of the petitioner under Section 304-A of IPC, jail sentence o f the petitioner is reduced to the period already undergone by him and fine amount is enhanced to Rs.1,00,000/- which shall be deposited by him within a period of one month from today, failing which the petitioner will have to suffer the sentence as awarded by the Courts below. The amount of fine so deposited by the petitioner be given to the complainant under Section 357 of Cr.P.C. as compensation.

With the aforesaid, the revision stands disposed of.

(DEEPAK KUMAR AGARWAL) JUDGE Adnan

Signature Not Verified Signed by: ADNAN HUSAIN ANSARI Signing time: 4/6/2023 4:42:08 PM