Rajendra Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 5716 MP

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        IN THE HIGH COURT OF MADHYA PRADESH
                     AT GWALIOR
                                      BEFORE
      HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                        ON THE 10th OF APRIL, 2023

                 CRIMINAL REVISION NO.1111 OF 2019

       BETWEEN:-

       RAJENDRA SINGH S/O RAMESH KUMAR
       LODHI, AGED 30 YEARS, R/O GRAM
       CHHIRWAHA,     POLICE    STATION-
       PICHHORE,    DISTRICT-  SHIVPURI
       (MADHYA PRADESH)

                                                                  ........APPLICANT

       (BY SHRI D.S. TOMAR- ADVOCATE)

       AND

       STATE OF MADHYA PRADESH THROUGH
       POLICE STATION- PICHHORE, DISTRICT-
       SHIVPURI (MADHYA PRADESH)

                                                               ........RESPONDENT

       (BY V.S. TOMAR- PANEL LAWYER)

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       This revision coming on for orders this day, the Court passed the
following:
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                                      ORDER

Though case has been listed today for consideration of IA

No.13093/2022 but on the submission of le arned counsel for the applicant that the revision is pending since 2019, therefore, it may be heard finally, it is heard finally.

This revision under Section 397/401 of the Code of Criminal Procedure has been filed by the applicant against the judgment dated 20/02/2019 passed by Additional Sessions Judge, Pichhore, District- Shivpuri (M.P.) in Criminal Appeal No.100210/2014, affirming the order dated 08/07/2014 passed in Criminal Case No.450/2012 by JMFC, Pichhore, District- Shivpuri (M.P.), whereby the applicant has been convicted and sentenced as under:-

Section Sentence Fine (Rs.) Default Stipulation 304-A of IPC 2 Years RI 5,00/- 3 Months RI Prosecution story, in short, is that on 10/07/2012, Ramniwas (since deceased) had gone to grind the wheat at the shop of the applicant where he died due to electrocution. Thereafter, information was given to the uncle of the deceased on which uncle of the deceased gave the information to the Police Station- Pichhore, District- Shivpuri (M.P.). Thereafter, merg No.42/2012 was recorded under Section 174 of Cr.P.C. Statements of the witnesses were recorded. On the basis of merg enquiry, FIR bearing Crime No.254/2012 was registered for the offence punishable under Section 304-A of IPC against the applicant. After investigation, charge-sheet has been submitted.

Learned counsel for the applicant submits that incident is of the year 2012 and about 11 years have lapsed. Learned counsel for the applicant submitted that applicant remained 14-15 days in custody and confined his argument only to the point of sentence and prays that the

sentence awarded to him be modified to the extent that period already undergone by him would be sufficient to meet the ends of justice.

Learned counsel for the respondent while opposing the appeal has submitted that the learned trial Court has arrived on the appropriate findings and rightly passed the impugned judgment of conviction and sentence.

Looking to the facts and circumstances of the case, ends of justice would meet if while reducing the jail sentence of the applicant to the period already undergone by him, the fine is enhanced from Rs.500/- to Rs.1,00,000/- for the offence under Section 304-A of IPC. Accordingly, while affirming the conviction of the applicant for the offence under Section 304-A of IPC, jail sentence of the applicant is reduced to the period already undergone by him but fine amount is enhanced from Rs.500/- to Rs.1,00,000/- which shall be deposited by him before the trial Court within a period of two months, failing which the applicant will have to suffer the complete sentence as awarded by the Court below. The amount of fine so deposited by the applicant be given to the legal heirs of the deceased under Section 357 of Cr.P.C on due verification of identity of them.

In view of the above, this revision is finally disposed of. Certified copy as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE Digitally signed by RAHUL SINGH PARIHAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH

RAHUL SINGH rahul GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab67 6d0cde4dee473fe77953f5,

PARIHAR pseudonym=68E0B84BAE73376CD071289B3D9FE728CE00D 487, serialNumber=0275C4F803F94C47998BE5C534E21BDED910 FD4AB9D159B55575E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2023.04.12 18:46:19 +05'30'