Madhya Pradesh High Court

Pooran Lal vs The State Of M.P. on 9 July, 2025

Author: Anil Verma

Bench: Anil Verma

         NEUTRAL CITATION NO. 2025:MPHC-GWL:14203




                                                              1                                CRR-71-2006
                             IN     THE      HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                         BEFORE
                                             HON'BLE SHRI JUSTICE ANIL VERMA
                                                    ON THE 9 th OF JULY, 2025
                                              CRIMINAL REVISION No. 71 of 2006
                                                          POORAN LAL
                                                              Versus
                                                        THE STATE OF M.P.
                          Appearance:
                                  Shri Rajeev Shrivastava, Advocate for the petitioner.
                                  Shri A.P.S.Tomar, Public Prosecutor for State.

                                                                  ORDER

With the consent of both the parties, matter is heard finally. This criminal revision under Section 397/401 of Cr.P.C has been filed by the petitioner being aggrieved by impugned judgment dated 12.01.2006 passed by the Second Additional Sessions Judge, Guna to the Court of First Additional Session Judge, Guna in Criminal Appeal No.317 of 2005 affirming the judgment dated 23.09.2005 passed by the Judicial Magistrate First Class, Raghogarh, Distt. Guna in Criminal Case No.413 of 2001 by

which, petitioner has been convicted under sections 304-A of IPC, 338 of IPC (three counts) and 337 of IPC (six counts) and sentenced to undergo one year R.I with fine of Rs. 500/-, Six months R.I with fine of Rs. 200/- on each count and two months R.I on each count, with usual default stipulations.

The prosecution story in brief is that, constable Rama Shankar Sharma lodged dehati nalishi on 30.11.1995 at P.S. Raghogarh to the effect that

NEUTRAL CITATION NO. 2025:MPHC-GWL:14203

2 CRR-71-2006 when he was going on AB Road Bharsula to Janjali, then near agricultural farm, he saw Matador (herein referred to as the vehicle) bearing Registration No. 08-A-8058 was turned down on the road and the persons who were traveling in the said vehicle have suffered bodily injuries. One person lost his life. The said vehicle was loaded with general goods item. Petitioner was driver of the said vehicle, who was driving the vehicle rashly and negligently. Accordingly, offence was registered. MLC and postmortem was conducted by Dr. S.R. Raghuvanshi (PW-4) After conclusion of the investigation, charge-sheet was filed against the petitioner before concerned JMFC, Raghogarh, Distt. Guna who has framed particulars of offence u/Ss. 279, 337, 338 and 304-A of IPC. Petitioner/accused abjured his guilt and took a plea that he has been falsely

been implicated in this matter. Before trial Court, prosecution has examined as many as 11 witnesses while defense did not examine any witness. The trial Court after completion of trial and scrutinizing evidence available on record and considering the rival submissions made by both the parties, convicted accused/petitioner for the offence and sentenced as stated herein above. The appellate Court vide judgment dated 12.01.2006 had also affirmed the conviction and sentence of petitioner and dismissed the appeal. Being aggrieved by the aforesaid judgment, this criminal revision has been preferred before this Court by the petitioner.

The petitioner has preferred this criminal revision on several grounds but during the course of arguments, learned counsel for the petitioner did not press this revision on merits and not assailed the finding part of the

NEUTRAL CITATION NO. 2025:MPHC-GWL:14203

3 CRR-71-2006 impugned judgment. He confines his argument on the point of sentence only and prays that since petitioner remained in jail for about two months; he is facing trial since last 30 years and he is not having any criminal antecedent and he is aged about 66 years, therefore, present revision be disposed of and the jail sentence awarded to the petitioner be reduced to the period already undergone by him.

Learned counsel for the respondent/State on the other hand supports the impugned judgment and prays for dismissal of this revision.

Since, the petitioner has not challenged the conviction recorded by the courts below, in these circumstances, conviction recorded against the petitioner under Sections 304-A of IPC, 338 of IPC (three counts) and 337 of IPC (six counts) is hereby affirmed. However, considering facts and circumstances of the case and the fact that since the petitioner has already suffered jail incarceration of about two months i.e. from 12.01.2006 to 06.03.2006, he is facing trial since last 30 years and he is not having any criminal antecedents, therefore, this Court finds it appropriate to partly allow this revision petition by affirming the conviction of the petitioner, however, reducing his jail sentence to the period already undergone by him.

Accordingly, this revision petition is partly allowed by maintaining the conviction of the petitioner, but reducing the jail sentence to the period already undergone by him with fine as imposed by the trial court. The fine amount has already been deposited by the petitioner. Since petitioner is already on bail, his bail bond and surety bond stand discharged. Disposal of

the property shall be conducted as per the order of the trial Court.

NEUTRAL CITATION NO. 2025:MPHC-GWL:14203

4 CRR-71-2006 A copy of this order be sent to the concerned trial Court along with the records for information and necessary compliance.

Certified copy as per rules.

(ANIL VERMA) JUDGE