Abhishek Sharma @ Golu vs The State Of Madhya Pradesh
2023 Latest Caselaw 9603 MP

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                             IN     THE       HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                      BEFORE
                                   HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                                    ON THE 26 th OF JUNE, 2023
                                             CRIMINAL REVISION No. 4268 of 2019

                            BETWEEN:-
                            ABHISHEK SHARMA @ GOLU S/O SHRI VISHNU
                            SHARMA, AGED ABOUT 36 YEARS, GANDHI SEVA
                            ASHRAM KE PASS PALI ROAD SHEOPUR (MADHYA
                            PRADESH)

                                                                                        .....PETITIONER
                            (SHRI ANSHU GUPTA - ADVOCATE)

                            AND
                            THE STATE OF MADHYA PRADESH INCHARGE POLICE
                            STATION KOTWALI DIST. SHEOPUR (MADHYA
                            PRADESH)

                                                                                      .....RESPONDENTS
                            (SHR VPS TOMAR - PANEL LAWYER)

                                  Th is revision coming on for hearing this day, th e 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 24.08.2019 passed by Sessions Judge, Sheopur in Criminal Appeal No.43 of 2017 confirming judgment dated 10.10.2017 passed by Chief Judicial Magistrate, Sheopur (M.P.) in Criminal Case No.600297/2012, whereby petitioner has been convicted under Section 304-A of IPC and sentenced to undergo two years' RI with fine of Rs.1,000/- with default stipulation.

It is submitted by counsel for the petitioner that he does not want to Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 6/27/2023 2:06:38 PM

challenge conviction of petitioner for aforesaid offence on merits. As regards sentence, it is submitted that incident took place in the year 2012 and the petitioner has been facing agony of trial for the last more than 11 years. He remained in custody for a period of five days 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 Section 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-one lac to each of the deceased/complainants namely Late Kantabai and Late Urmila 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 to legal heirs of both the 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: VIJAY TRIPATHI Signing time: 6/27/2023 2:06:38 PM

(DEEPAK KUMAR AGARWAL) JUDGE Vijay

Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 6/27/2023 2:06:38 PM