Rajkishor vs The State Of Madhya Pradesh
2023 Latest Caselaw 8504 MP

                                                           1
                           IN    THE       HIGH COURT OF MADHYA PRADESH
                                                 AT GWALIOR
                                                   BEFORE
                                HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                                ON THE 13 th OF JUNE, 2023
                                          CRIMINAL REVISION No. 1423 of 2023

                          BETWEEN:-
                          RAJKISHOR S/O SHRI MANGAL SINGH KUSHWAH,
                          AGED ABOUT 28 YEARS, OCCUPATION: DRIVER
                          RESIDENT OF GRAM JANAKPUR THANA, DISTRICT
                          SHIVPURI (MADHYA PRADESH)

                                                                                      .....PETITIONER
                          (SHRI DEVI SINGH KUMSHWAHA, LEARNED COUNSEL FOR THE
                          PETITIONER )

                          AND
                          THE STATE OF MADHYA PRADESH INCHARGE POLICE
                          STATION THROUGH POLICE THANA BADODA,
                          DISTRICT SHEOPUR (MADHYA PRADESH)

                                                                                     .....RESPONDENT
                          (SHRI PRAMOD PACHAURI- LEARNED COUNSEL FOR THE
                          RESPONDENT- STATE)

                                This revision coming on for ADMISSION this day, the court passed the
                          following:
                                                         ORDER

Present criminal revision under Section 397 read with Section 401 of CrPC has been filed by petitioner against judgment dated 17-03-2023 passed by First Additional Sessions Judge, Sheopur in Criminal Appeal No.78 of 2022 confirming judgment dated 28-09-2022 passed by Judicial Magistrate Junior Division Sheopur in Criminal Case No.1200599 of 2016, whereby petitioner has been convicted under Sections 279, 304-A of IPC and sentenced to undergo three months RI with fine of Rs.500/- for offence under Section 279 of IPC, Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 6/14/2023 3:55:19 PM

two years RI with fine of Rs.1,000/- for offence under Section 304-A of IPC with default stipulation.

It is submitted by counsel for the petitioner that he does not want to challenge conviction of petitioner for aforesaid offence on merits. As regards sentence, it is submitted that incident took place in the year 2016 and the petitioner has been facing agony of trial for the last more than 6 years. He remained in custody for a period of three months during trial. Amount of fine has been deposited. Therefore, it is prayed that by imposing a suitable fine amount for aforesaid offences, jail sentence of 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 by imposing a suitable fine amount for aforesaid offences, sentence of petitioner be reduced to the period already undergone by him. Accordingly, while affirming conviction of petitioner under Sections 279 ad 304-A of IPC, his jail sentence is reduced to the period already undergone by imposing a lump sum fine amount to the tune of Rupees one lac which shall be deposited by petitioner on adjustment of fine amount already deposited by petitioner before trial Court within a period of two months from today failing which he has to suffer the additional imprisonment as awarded by trial Court. The aforesaid lump sum fine amount be given t o legal heirs of deceased under Section 357 of Cr.P.C as compensation.

With aforesaid modification, the criminal revision stands disposed of and partly allowed.

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 6/14/2023 3:55:19 PM

(DEEPAK KUMAR AGARWAL) JUDGE MKB

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 6/14/2023 3:55:19 PM