Dilip Kumar vs The State Of Madhya Pradesh
2023 Latest Caselaw 44 MP

                                                              1
                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                   AT INDORE
                                                     BEFORE
                                     HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                ON THE 2 nd OF JANUARY, 2023
                                            CRIMINAL REVISION No. 1276 of 2013

                           BETWEEN:-
                           DILIP KUMAR S/O MANGILAL BAMNIYA, AGED ABOUT
                           43 YEARS, OCCUPATION: NOTHING R/O PURANI NAGAR
                           PALIKA, BUNGALOW NO.60 (MADHYA PRADESH)

                                                                                           .....PETITIONER
                           (BY SHRI MAYURI JAIN - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH GOVT. THRU.
                           DISTRICT  MAGISTRATE, NEEMUCH  (MADHYA
                           PRADESH)

                                                                                          .....RESPONDENT
                           (BY SHRI MUKESH SHARMA - G.A)

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

This is a criminal revision under Section 397, 401 Cr.P.C being aggrieved

by the judgment passed by Session Judge, Neemuch in Criminal Appeal No. 115/2013 dated 29/11/2013 maintaining the conviction and sentence of the petitioner under Section 304 (A) of the IPC for a period of one year S.I with fine of Rs. 1000. In default of fine, one month additional S.I. arising out of the order of conviction and order of sentence passed by the Trial Court dated 21/6/2013 in Criminal Case No.75/2011.

As per the prosecution story on 27/7/2004 accused Dilip, Rajesh and

Signature Not Verified Sanjay going by Motorcycle Suzuki bearing registration No.MP-44-B-1781 to Signed by: SOURABH YADAV Signing time: 03-01-2023 18:14:46

his relative house for taking meals and they cameback to Neemuch by motorcycle. Dilip was driving the motorcycle and Rajesh and Sanjay were sitting on the motorcycle. Near Karkiya Khaal circle motor cycle hit with stopper and they fell down on the road. Thereafter the injured persons were taken to Civil Hospital for treatment. Sanjay's family members took him at M.B Hospital for further treatment, where Sanjay died on 2/8/2004. Thereafter, the Police registered a Crime No.182/2004 against the accused person offence u/s 279,337,304 (A) of IPC. The petitioner was convicted and sentenced under Section 304 (A) of IPC as mentioned hereinabove. The said conviction and sentence was maintained by the Appellate Court . Being dissatisfied, the present

revision is filed.

Counsel for the applicant submits that that incident had taken place in the year 2004 and the petitioner was granted bail during the trial and his sentence was also suspended by the Appellate Court during pendency of the appeal. It is submitted that no purpose would be served by sending the petitioner to jail at this stage after about 18 years of incident. It is further submitted that the fine amount may be increased in the interest of justice.

After hearing learned counsel for the parties and taking into consideration the nature of incident and the fact that the incident had taken place in the year 2004 and the petitioner had remained in jail for about 2 months out of 1 year jail sentence, I am of the view that the justice would be served by increasing the fine amount.

In view of the aforesaid, the conviction of the petitioner is maintained and jail sentence is reduced to the period already undergone by the applicant. The fine amount is increased from Rs. 1000 to Rs. 6000. The said amount shall be Signature Not Verified Signed by: SOURABH YADAV Signing time: 03-01-2023 18:14:46

deposited by the petitioner within period of one month from the date of the release before the Trial Court. If the petitioner do not deposit fine amount, the earlier conviction shall stand confirmed.

With the aforesaid, the revision petition is partly allowed. The bail bonds stand discharged after deposit of fine amount.

(VIJAY KUMAR SHUKLA) JUDGE Pramod

Signature Not Verified Signed by: SOURABH YADAV Signing time: 03-01-2023 18:14:46