Dinesh Swami vs The State Of Madhya Pradesh
2023 Latest Caselaw 7237 MP

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        IN THE HIGH COURT OF MADHYA PRADESH
                     AT GWALIOR
                                      BEFORE
      HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                          ON THE 3rd OF MAY, 2023

                 CRIMINAL REVISION NO.1719 OF 2023

       BETWEEN:-

       DINESH SWAMI S/O SHRI DEVKINANDAN
       SWAMI, AGED 34 YEARS, R/O SHIVPURA
       DISTRICT- KOTA (RAJASTHAN)

                                                                  ........APPLICANT

       (BY SHRI ALOK BANDHU SHRIVASTAVA- ADVOCATE)

       AND

       STATE OF MADHYA PRADESH THROUGH
       POLICE     STATION-  DHARNAWADA,
       DISTRICT- GUNA (MADHYA PRADESH)

                                                               ........RESPONDENT

       (BY SHRI RAJENDRA SINGH YADAV- PUBLIC PROSECUTOR)

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       This revision coming on for orders this day, the Court passed the
following:
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                                      ORDER

This revision under Section 397/401 of the Code of Criminal Procedure has been filed by the applicant against the judgment dated

13/04/2023 passed by Session Judge, District- Guna (M.P.) in Criminal Appeal No.7861/2019, affirming the order dated 20/11/2019 passed in Criminal Case No.1502187/2013 by Chief Judicial Magistrate Guna, District- Guna (M.P.), whereby the applicant has been convicted and sentenced as under:-

Section Sentence Fine (Rs.) Default Stipulation 304-A of IPC 2 Years RI 500/- 1 Month RI Learned counsel for the applicant submits that incident is of the year 2013 and about 10 years have lapsed. Learned counsel for the applicant confined his argument only to the point of sentence and prays that the sentence awarded to him be modified to the extent that period already undergone by him would be sufficient to meet the ends of justice.

Learned counsel for the respondent/State while opposing the appeal has submitted that the learned trial Court has arrived on the appropriate findings and rightly passed the impugned judgment of conviction and sentence.

Looking to the facts and circumstances of the case, ends of justice would meet if while reducing the jail sentence of the applicant to the period already undergone by him, the fine is enhanced from Rs.500/- to Rs.2,50,000/- for the offence under Section 304-A of IPC. Accordingly, while affirming the conviction of the applicant for the offence under Section 304-A of IPC, jail sentence of the applicant is reduced to the period already undergone by him but fine amount is enhanced from Rs.500/- to Rs.2,50,000/- which shall be deposited by him before the trial Court within a period of two months, failing which the applicant

will have to suffer the complete sentence as awarded by the Court below. The amount of fine so deposited by the applicant be given to the legal heirs of the deceased under Section 357 of Cr.P.C on due verification of identity of them.

In view of the above, this revision is finally disposed of. Certified copy as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE RAHUL Digitally signed by RAHUL SINGH PARIHAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh,

SINGH 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab676d

rahul 0cde4dee473fe77953f5, pseudonym=68E0B84BAE73376CD071289B3D9FE728CE00D4 87, serialNumber=0275C4F803F94C47998BE5C534E21BDED910F

PARIHAR D4AB9D159B55575E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2023.05.04 17:45:22 +05'30'