Dinesh vs The State Of Madhya Pradesh
2024 Latest Caselaw 12660 MP

Madhya Pradesh High Court

Dinesh vs The State Of Madhya Pradesh on 6 May, 2024

Author: Vijay Kumar Shukla

Bench: Vijay Kumar Shukla

                                                             1
                          IN     THE       HIGH COURT OF MADHYA PRADESH
                                                 AT INDORE
                                                   BEFORE
                                   HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                  ON THE 6 th OF MAY, 2024
                                           CRIMINAL REVISION No. 1233 of 2024

                         BETWEEN:-
                         DINESH S/O RAMLAL PURI, AGED ABOUT 40 YEARS,
                         OCCUPATION: LABOR VILL. MADKOTA P.S. BAROD,
                         DISTRICT SHAJAPUR (MADHYA PRADESH)

                                                                                       .....PETITIONER
                         (BY SHRI MANISH YADAV, ADVOCATE)

                         AND
                         THE STATE OF MADHYA PRADESH STATION HOUSE
                         OFFICER THROUGH POLICE STATION AFZALPUR
                         DISTRICT MANDSOUR (MADHYA PRADESH)

                                                                                      .....RESPONDENT
                         (BY SHRI VIRAJ GODHA - P.L.)

                               T h is revision coming on for orders this day, t h e cou rt passed the
                         following:
                                                              ORDER

This is revision u/S.397/401 of the Cr.P.C. being aggrieved by the

judgment dated 4.3.2024 passed by III ASJ, Mandsaur in Cr.A. No.61/2023 whereby the judgment dated 14.3.2023 passed by Judicial Officer, Gram Nyaylaya, Mandsaur in case No. RCT 474/2011 was affirmed and petitioner has been convicted under Sections 279, 337 (6 counts) and 304-A IPC and sentenced to fine of Rs.500/-, Rs.300/- and to undergo for RI for 2 years with fine of Rs.500/- with default stipulation.

2. As per prosecution case, on 23.4.2011 at 8.30 a.m. accused was

driving vehicle No. MP 42 G 0466 at Afzalpur police station, Mandsaur district,

near Mandsaur-Sitamau Lok Marg village Chirmoliya, in which Gopal Singh, Jagdish, Govind,Vikram, Khemji, Karusih and Bherusingh were setting. At the time of incident, the accused was driving at a high speed, he overtook the tractor moving ahead and overturned, due to which all the people sitting in it were injured and Narayansingh died during treatment. Upon that, the police authorities of Police Station, Afzalpur registered a criminal case under section 279, 337 (6 counts) and 304-A of IPC against the applicant.

3. At the outset, counsel for the petitioner submits that he is not challenging the conviction and is confining his submissions on the point of reducing the sentence upto the period already undergone. Instead the fine

amount may be enhanced which may be directed to be paid to the vicitm. It is submitted that alleged incident has taken place in the year 2011. Since then the petitioner has been prosecuting trial, appeal and revision. He was on bail during trial and appeal and did not misuse the liberty. No purpose would be served in sending the petitioner in jail after such long period.. He has already undergone jail sentence of more than one and half months. It is further submitted that under section 304-A IPC no mandatory jail sentence is prescribed.

4. Counsel for the State supports the judgment of conviction and sentence.

5. Upon perusal of the record, it is found that the prosecution has successfully proved its case by the testimony of prosecution witnesses Thus, this Court does not find any error in the judgment of conviction.

6. Heard on sentence.

7. After hearing learned counsel for parties and considering the aforesaid submissions, this court finds that the incident had taken place in the year 2011,

the petitioner has already undergone jail sentence of one and half months, further no mandatory jail sentence is prescribed under section 304-A IPC coupled with the fact that the petitioner was on bail during trial and appeal and did not misuse the liberty and no purpose would be served in sending the petitioner to jail after such a long period, therefore, his jail sentence is reduced to the period already undergone. The fine amount is enhanced from Rs.500/- to Rs.20,500/-. The earlier deposited fine amount shall be adjusted in it. The enhanced fine amount shall be deposited by the petitioner within a period of 3 months from today. Out of enhanced fine amount, Rs.20,000/- shall be paid to the L.Rs. of the deceased Narayansingh by the trial court. The petitioner is in jail. He shall be released forthwith after depositing the aforesaid fine amount, if not required to be detained in any other case. If the petitioner fails to deposit the aforesaid fine amount within stipulated period, he shall undergo the remaining jail sentence as per the order of the Appellate Court.

8. With the aforesaid, the Revision is partly allowed and disposed off.

(VIJAY KUMAR SHUKLA) JUDGE MK