Rameshwar Singh vs State Of M.P.
2023 Latest Caselaw 894 MP

                                    1
 IN     THE       HIGH COURT OF MADHYA PRADESH
                        AT GWALIOR
                          BEFORE
       HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                       ON THE 16 th OF JANUARY, 2023
                  CRIMINAL REVISION No. 819 of 2009

BETWEEN:-
RAMESHWAR SINGH S/O S/O SARDAR SINGH BAIS ,
AGED ABOUT 27 YEARS, OCCUPATION: R/O THAKUR
MOHALLA      GOSPURA    NO.1 KALAMAHAL   KE
PASS.HAZIRA,GWALIOR (MADHYA PRADESH)

                                                                  .....PETITIONER
(BY SHRI ANOOP KUMAR PATERIYA - ADVOCATE)

AND
STATE OF        M.P.    DISTRICT        GWALIOR (MADHYA
PRADESH)

                                                                 .....RESPONDENT
(BY SHRI G.P. CHAURASIA - PUBLIC PROSECUTOR)

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

Being aggrieved by the judgment dated 12.10.2009 passed by the Second

ASJ, Gwalior, in Criminal Appeal No.315/2009 affirming the judgment of the Trial Court dated 27.08.2009 passed in Criminal Case No.11133/2007, whereby the petitioner has been found guilty for offence punishable under Section 338 of IPC and sentenced to undergo two months imprisonment with fine of Rs.1,000/-. petitioner has preferred this revision.

Facts of the case in brief are that Trial Court found the petitioner guilty of driving TATA 407 bearing registration No.MP07-G-2308 rashly and negligently, due to which brother of complaint Sanjay got various injuries.

Learned counsel for the petitioner/accused submitted that he does not want to challenge the conviction of the petitioner for the aforesaid offence. As regards sentence, it is submitted by learned counsel for the petitioner that incident took place on 31.07.2007. He is facing agony of trial for the last 15 years. At the time of incident petitioner was 27 years of age. He has already suffered 18 days custody. Therefore, sentence of the petitioner be reduced to the period already undergone by him.

Learned counsel for the State supported the impugned judgment. Heard learned counsel for the parties and perused the record. Looking to the facts and circumstances of the case that appellant has

already suffered 18 days imprisonment, incident took place on 31.7.2007 and he is facing agony of trial for the last 15 years, while affirming the conviction of the petitioner under Section 338 of IPC, his sentence is reduced to the period already undergone by him.

With the aforesaid modification in the sentence, the revision stands disposed of.

(DEEPAK KUMAR AGARWAL) JUDGE Adnan

MADHU Digitally signed by MADHU SOODAN PRASAD DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH

SOODA COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=d6b55bd7b8b095e45b0d58a8 76e9dd057f98aa4a26968acc4ea58035

N d05b0084, pseudonym=21DE0DCEA1B5577FE966 6E96A639DACD88861D95, serialNumber=DE0210C75DA91FC2450 CFA0F0690B6A99A0171130FC18D279E

PRASAD ADF9DF4DBD2F58, cn=MADHU SOODAN PRASAD Date: 2023.01.18 09:36:13 +05'30'