Madhya Pradesh High Court
Shiv Singh vs State Of M.P. on 17 July, 2025
Author: Anil Verma
Bench: Anil Verma
NEUTRAL CITATION NO. 2025:MPHC-GWL:14857
1 CRR-121-2007
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE ANIL VERMA
ON THE 17th OF JULY, 2025
CRIMINAL REVISION No. 121 of 2007
SHIV SINGH
Versus
STATE OF M.P.
Appearance:
Shri Vijay Kumar Jha - Advocate for the petitioner.
Shri Harish Sharma - Public Prosecutor for the respondent/State.
ORDER
With the consent of both the parties, matter is heard finally.
2. This criminal revision under Section 397/401 of Cr.P.C has been
filed by the petitioner being aggrieved by impugned judgment dated
23.1.2007 passed by the Additional Sessions Judge, Lahar, District Bhind in
Criminal Appeal No.8/2007 affirming the judgment dated 11.12.2006 passed
by the Judicial Magistrate First Class, Lahar, District Bhind in Criminal Case
No.06 of 2004 by which, petitioner has been convicted under sections 337
and 304-A of IPC and sentenced to undergo three months RI with fine of
Rs.200/- and one year RI with fine of Rs.500/-, with default stipulations.
3. The prosecution story in brief is that, in the intervening night of
16/17.6.1996 at about 1:30 to 2:00 AM petitioner Shiv Singh was driving
truck bearing Registration No.UP92/3931 in a rash and negligent driving and
vehicle was turned tortile near the road, due to which Jasram died on the
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2 CRR-121-2007
spot, Sultan Singh sustained grievous injury and some other passengers were
sustained simple injuries. On the next day, FIR has been lodged at Police
Station Lahar, District Bhind. Postmortem of the deceased was conducted by
Dr. R.K. Rajoriya.
4. After conclusion of the investigation, charge-sheet was filed before
the Chief Judicial Magistrate, Lahar, District Bhind. The Trial Court has
framed the charges under Section 304-A, 337 and 338 of IPC against the
petitioner. Petitioner/accused abjured his guilt and pleaded complete
innocence.
5. Prosecution has examined as many as 14 witnesses before the Trial
Court while defence has not examined any witness.
6. The trial Court after appreciating the evidence available on record
convicted and sentenced the petitioner for offence punishable under Sections
304A of IPC and 337 of IPC and sentenced one year RI with fine of Rs.500/-
and three months RI with fine of Rs.200/-, with default stipulations. Being
aggrieved by the aforesaid, petitioner has preferred a criminal appeal before
the Additional Sessions Judge, Lahar, District Bhind but same has been
dismissed vide judgment dated 23.1.2007 passed by Additional Sessions
Judge, Lahar, District Bhind by affirming the judgment and conviction
passed by the Trial Court. Being aggrieved by the aforesaid judgment, this
criminal revision has been preferred before this Court by the petitioner.
7. 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
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3 CRR-121-2007
part of the impugned judgment. He confines his argument on the point of
sentence only and prays that since petitioner remained in jail from 23.1.2007
to 9.2.2007 i.e. for about 17 days, he is facing trial since last 29 years and he
is not having any criminal antecedent and he is aged about 61 years,
therefore, present revision be disposed of and the jail sentence awarded to
the petitioner be reduced to the period already undergone by him.
8. Learned counsel for the respondent/State on the other hand supports
the impugned judgment and prays for dismissal of this revision.
9. 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, 337 of IPC 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 17 days
i.e. from 23.1.2007 to 9.2.2007, he is facing trial since last 29 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.
10. 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.
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11. 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
(alok)
