Dinesh Kumar Keer vs The State Of Madhya Pradesh
2023 Latest Caselaw 905 MP

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                                     IN       THE    HIGH COURT OF MADHYA PRADESH
                                                           AT INDORE
                                                              BEFORE
                                              HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                       ON THE 16 th OF JANUARY, 2023
                                                    CRIMINAL REVISION No. 4527 of 2022

                                   BETWEEN:-
                                   DINESH KUMAR KEER S/O RAMCHANDRA KEER, AGED
                                   ABOUT 48 YEARS, OCCUPATION: DRIVER GRAM
                                   BARDHIYA AMRA, TEHSIL GAROTH ,DISTRICT
                                   MANDSAUR (MADHYA PRADESH)

                                                                                                  ....APPLICANT
                                   (BY SHRI SUBHASH CHAND BAMBORIYA-ADVOCATE)

                                   AND
                                   THE STATE OF MADHYA PRADESH THROUGH P.S.
                                   NEELGANGA, DISTRICT UJJAIN (MADHYA PRADESH)

                                                                                               .....RESPONDENT
                                   (BY SHRI RAGHVENDRA SINGH BAIS-P.L.)

                                          This revision coming on for admission this day, th e court passed the
                                   following:
                                                                      ORDER

Record of the court below is received.

Instead of hearing on I.A.No. 15429/2022 which is application for suspension of sentence, with the consent of parties, the Revision is heard finally.

The present revision is filed under sections 397/401 of Cr.P.C. against the judgment dated 1.11.2022 passed by District & Sessions Judge, Ujjain in Criminal Appeal No.61/2022 arising out of judgment dated 18.02.2022 passed by JMFC, Ujjain in criminal case No.2907/2010 whereby the appeal was

Signature Not Verified dismissed and conviction under section 304A IPC and sentence to undergo 1 Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 17-Jan-23 10:58:03 AM

year RI with fine of Rs.5,000/- was maintained.

Counsel for the applicant submits that applicant is in jail after conviction by the appellate court i.e. from 1.11.2022. He has already undergone almost 3 months jail sentence. The incident had taken place in the year 2010. It is argued that no purpose would be served in sending the applicant in jail after such a prolong period. He has prayed that while maintaining the conviction, his jail sentence be reduced to the period already undergone and the fine amount may be enhanced which may be directed to be paid to the daughter of the deceased.

Counsel for the State supports the order of conviction and sentence passed by the court below.

After hearing learned counsel for parties and on the basis of material available on record, this Court is of the view that courts below have not committed any error in convicting the applicant for the offence under section 304A IPC.

So far as period of sentence is concerned, taking into consideration the short jail sentence and the fact that out of one year jail sentence, the applicant has already undergone 3 months and the incident is of the year 2010 and no purpose would be served in sending the applicant to jail after such a long period, this Court is of the view that in the interest of justice, while maintaining the conviction, the fine amount may be enhanced from Rs.5,000/- to Rs.12,000/- which shall be deposited by the applicant in the trial court within a period of 30 days. The earlier deposited fine amount may be adjusted in it. Out of the total fine of Rs.12,000/-, Rs.10,000/- shall be paid by the trial court to Ms.Safina, who is daughter of the deceased, as compensation. If the applicant fails to deposit the enhanced fine amount within stipulated period, the applicant Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 17-Jan-23 10:58:03 AM

shall suffer the sentence awarded by the court below. Upon depositing the fine amount, the applicant shall be released forthwith, if not required to be detained in any other case.

With the aforesaid modification, Criminal Revision is allowed in part and disposed of.

Let a copy of this order be sent to the concerned trial court for information and necessary compliance.

(VIJAY KUMAR SHUKLA) JUDGE MK

Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 17-Jan-23 10:58:03 AM