Netram vs The State Of Madhya Pradesh
2023 Latest Caselaw 10492 MP

                                                       1
                 IN         THE       HIGH COURT OF MADHYA PRADESH
                                            AT GWALIOR
                                              BEFORE
                           HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                           ON THE 10 th OF JULY, 2023
                                     CRIMINAL REVISION No. 2658 of 2023

               BETWEEN:-
               NETRAM S/O SHRI KALLRAM RAWAT, AGED ABOUT 27
               YEARS, R/O VILLAGE JHUD POLICE STATION SIRSOD,
               DISTT. SHIVPURI (MADHYA PRADESH)

                                                                                   .....PETITIONER
               (BY SHRI RANJEET SINGH RAWAT- ADVOATE)

               AND
               THE STATE OF MADHYA PRADESH THROUGH POLICE
               STATION DEHAT SHIVPURI DISTT. SHIVPURI (MADHYA
               PRADESH)

                                                                                 .....RESPONDENT
               (BY MS. KALPANA PARMAR- PANEL LAWYER FOR THE STATE)

                           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

16.6.2023 passed by the 3rd Additional Sessions Judge, Distt. Shivpuri, in Criminal Appeal No.386/2022 affirming the judgment dated 24.11.2022 passed by the JMFC, Shivpuri, in R.C.T.No.1147/2017 convicting the petitioner under Section 304-A of IPC and Sections 3/181, 146/196 and 77/177 of the Motor Vehicles Act with maximum sentence of 1 year RI for causing death of a child aged 18 months by driving the tanker in rash & negligent manner. Signature Not Verified Signed by: MADHU SOODAN PRASAD Learned counsel for the petitioner/accused submitted that he does not Signing time: 11-07-2023 10:25:16 AM 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 7.7.2017 and petitioner has been facing agony of trial for the last 6 years. Petitioner is in custody since 16.6.2023. 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.

Learned counsel for the State supported the impugned judgment. Heard learned counsel for the parties and perused the impugned judgment.

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

already undergone by him, the fine is enhanced to Rs.1,00,000/- under Section 304-A of IPC. Accordingly, while affirming the conviction of the petitioners for the aforesaid offences, 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/- under Section 304-A of IPC which shall be deposited by him within a period of two months 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 guardian of the deceased under Section 357 of Cr.P.C. as compensation.

With the aforesaid, the revision stands disposed of.

(DEEPAK KUMAR AGARWAL) JUDGE ms/-

Signature Not Verified Signed by: MADHU SOODAN PRASAD Signing time: 11-07-2023 10:25:16 AM