IMPORTANT POINT
Sympathy resulting in inadequate sentence does more harm to justice.

JUDGMENT

M.Y. EQBAL, J.

1. Leave granted.

2. State of Madhya Pradesh has preferred this appeal by special leave against the judgment and order dated 22.8.2012 passed by learned Single Judge of High Court of Madhya Pradesh, Bench at Gwalior, who allowed the appeal, preferred by the respondent-accused, in part maintaining his conviction but reducing the sentence awarded by the trial court to the period already undergone subject to depositing further compensation of Rs.2,000/-to the widow/mother of the deceased.

3. The prosecution case, in brief, is that on 11.5.1998 a ward boy of Sabalgarh Hospital lodged a written report at Sabalgarh police station to the effect that one Vijay Singh of village Mangroli died in accident caused by a jeep bearing registration no.SP 7H 6045. Thereafter, case was investigated and challan was filed against the respondent-accused, who was driver of the jeep and the accident occurred due to his rash and negligent driving. After completion of trial, the Judicial Magistrate, First Class, Sabalgarh convicted the respondent-accused for the offence punishable under Sections 279, 337, 304-A of the Indian Penal Code and sentenced him to undergo six months and two years rigorous imprisonment respectively with fine of Rs.2,500/-. Aggrieved by the order of conviction passed by the trial court, respondent filed appeal before the Additional Sessions Judge, Sabalgarh, who upheld the order of conviction passed by the trial court.

4. Aggrieved by the judgment of conviction, the respondent-accused moved the High Court in revision. Learned counsel for the respondent assailed the order and in the alternative submitted before the High Court that the accused, who is a poor person, has already served substantive part of jail sentence and prayed that his sentence may be reduced to the period already undergone and the amount of fine may reasonably be enhanced. Learned counsel for the State objected and submitted that revisional jurisdiction of the High Court is limited and no interference is called for in the concurrent findings recorded by the courts below. The High Court partly allowed revision petition of the accused maintaining findings of conviction of the accused with the modification to the extent that the jail sentence awarded to the accused is reduced to the period already undergone subject to depositing further compensation of Rs.2,000/-payable to the widow/mother of the deceased Vijay Singh.

5. Dissatisfied with the order of the High Court, State of Madhya Pradesh has preferred this appeal contending that the High Court has limited revisional jurisdiction and ought not to have interfered with the concurrent findings of the courts below. It is further contended that High Court has erred in passing impugned order of partly allowing the revision petition of the accused without taking into consideration the gravity of the act committed by the respondent, whereby an innocent man lost his life due to negligence of the respondent.

6. We have heard learned counsel for the parties appearing on either side.

7. In the instant case, after proper appreciation of evidence the trial court came to the conclusion that the accused had endangered the life of Vijay by driving the jeep on a public road in a rash and negligent manner. The accused dashed the jeep against a pulia first and then against a Babul tree. As a result of such accident Vijay Singh, who was travelling in the jeep got injured and died, and another person Mangilal, who was also in the jeep, received injuries. We are of the opinion that the trial court has not committed any illegality in passing the order of conviction and in the appeal preferred by the accused findings of the trial court were affirmed. However, without proper appreciation of the evidence and consideration of gravity of the offence, learned Single Judge of the High Court shown undue sympathy by modifying the conviction to the period already undergone.

8. In our considered opinion, the High Court whi